From National Law Journal: "Attorneys who won $38.8 million in West Virginia's first class action toxic tort case have agreed to settle for a fraction of that amount after a federal appeals court ruled their original victory was based on the testimony of a witness who did not know what he was talking about.
Plaintiffs' counsel Richard Neely of Neely & Hunter of Charleston, W.Va., said his clients would accept an offer of $1.35 million from FMC Corp. rather than return to court for a third trial after a defense ruling last summer by the 4th U.S. Circuit Court of Appeals. Kahn v FMC Corp., No. CA 95-1098-2." [Story Link]