US ex rel. Palmer v. C&D Technologies — qui tam / attorney fees — affirmance, mostly — Greenberg

The Third Circuit today decided a fascinating train-wreck of an appeal, an attorney-fees dispute in which the court said “both parties adopted unproductive tactics and strayed from professional etiquette, conduct that ultimately caused the District Court to proclaim that ‘[i]t is a hellish judicial duty to review and resolve disputed attorneys’ fee petitions, particularly in cases, like this one, where the adversaries fan the flames at virtually every opportunity.'”

How could you not read that opinion?

Today’s opinion is punchy and clear, as Greenberg opinions usually are. The court almost entirely upheld the district court’s ruling, which awarded the qui tam relator’s counsel almost $1.8 million in fees, rejecting relator’s counsels’ arguments that the award should have been higher. (It appears to me that counsel argued their own appeal, which as I recently opined in discussing another case is usually a mistake.)

Joining Greenberg were Jordan and Krause. The case was decided without oral argument.