Thousands of this law firms clients agreed to settle their lawsuits against the defendant Wyeth without a proper accounting for expenses. Fleming screened an estimated 43,000 potential clients in the Diet Drug litigation. He kept 8000 as clients and filed cases on their behalf. He chose not to represent the other 35,000 and relaeased them as clients. It is alleged that Fleming charged his 8000 clients in excess of 29 million dollars in expenses related to screening 35,000 people he didn't keep as clients. That's an extra 3,625 dollars per client in hidden, unrelated fees, In a court order issued by Judge Ewing Werlein, Jr, the judge stated that Fleming had failed to produce any evidence, much less uncontroverted evidence that Flemings 8000 clients benefitted in any way from the excessive unrelated charges from the non-clients.
In spite of this ruling, the judge has determined that this case should not be handled as a class action lawsuit. Thus, all of the 8000 Fleming clients will be forced to file individual lawsuits to recover the excessive unrelated charges.
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