The Suspect Restitutionary Basis for Common Benefit Fee Awards in Multi-District Litigations.

The article examine the practice of forced fee transfers in Multi-District Litigations (MDLs) and whether the law of restitution and unjust enrichment supports such fee awards. It argues that MDL procedures often violate the law and judges regulate fees more aggressively in MDLs than in other types of litigation. It further highlights that judges in MDLs has the authority to override the contractual entitlements of individually retained plaintiffs attorneys (IRPAs).