Ariel Cudkowicz Quoted in Massachusetts Lawyers Weekly
“Successful Class Can’t Get Opposing Counsel’s Fees”

Ariel Cudkowicz was quoted in the August 9, 2010 Massachusetts Lawyers Weekly article, “Successful Class Can’t Get Opposing Counsel’s Fees.” The article reported on the Zimmermann, et al. v. Epstein Becker and Green, P.C., et al. matter, in which a group of plaintiffs who won a $256 million federal fraud judgment were not allowed to use their class status to lay claim to the fees earned by the lawyers on the other side of the case.

The article explained that a class certified in one action cannot institute an independent lawsuit without first providing the new defendants an opportunity to challenge the case under Rule 23 of the Federal Rules of Civil Procedures. Ariel commented that he was aware of cases in which plaintiffs tried to transfer their class status from one complaint to another. However, he noted that he had never seen a case like Zimmermann involving legal fees. He observed, “This appears to be a new tactic in class action litigation, but anecdotally I haven't heard of a plaintiff ever being successful with it.”