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Fee Fight Adds Another Layer

The panel also heard arguments in a separate but related appeal involving attorney fees stemming from a $12.8 million settlement Chiquita reached in June 2024 with 144 plaintiffs represented by Colorado attorney Paul D. Wolf.

After the settlement, Conrad & Scherer LLP filed a charging lien, claiming compensation for its role in achieving the deal. In December 2024, a lower court awarded the firm $229,755 in fees and costs. Wolf appealed.

Wolf told the appellate panel that Conrad & Scherer had no contract with the victims and therefore no right to payment.

“They don’t represent any of these people,” Wolf said. “They don’t have a contract with anyone.”

The dispute has roots in Wolf’s collaboration with attorney Terry Collingsworth, who at one point joined Conrad & Scherer before later departing. Wolf successfully moved to disqualify the firm from representing the 144 plaintiffs.

The lower court concluded that Wolf waived his objection to the charging lien by failing to confer with the firm. Wolf responded that he declined to meet because he believed the firm was entitled to nothing and that the plaintiffs received no benefit from its work.

Eric Hager of Conrad & Scherer, representing his firm, argued Wolf failed to show he was harmed or that his fees were reduced by any alleged misconduct.

Hager also rejected claims that the firm bribed witnesses in the first bellwether trial, noting that U.S. District Judge Kenneth Marra dismissed those allegations.

“The accusations are not credible,” Hager said. “He has no personal knowledge about what he is saying. More importantly, these accusations were soundly rejected by Judge Marra. What was his ultimate factual finding? It was that Mr. Collingsworth did not pay witnesses in this case.”

A second bellwether trial for Wolf’s group had been scheduled for July 2024 but was canceled after the settlement.

U.S. Circuit Judges Jill Pryor, Robert J. Luck and Andrew L. Brasher heard the appeals.

Counsel

The plaintiffs are represented by Paul L. Hoffman and John C. Washington of Schonbrun Seplow Harris Hoffman & Zeldes LLP; John “Jack” Scarola, Victoria Mesa-Estrada and Mariano Garcia of Searcy Denney Scarola Barnhart & Shipley PA; Agnieszka Fryszman and Leslie M. Kroeger of Cohen Milstein Sellers & Toll PLLC; James K. Green of James K. Green PA; Marco Simons of the Law Offices of Marco B. Simons; Richard L. Herz, Marissa Vahlsing, Wyatt Gjullin and Gabriela V. Diaz of EarthRights International; William R. Scherer and Eric Hager of Conrad & Scherer LLP; Jonathan C. Reiter of Jonathan C. Reiter Law Firm PLLC; Terrence Collingsworth of International Rights Advocates; William J. Wichman of the Law Offices of William J. Wichmann PA; and Paul D. Wolf.

Chiquita is represented by Michael L. Cioffi, Thomas H. Stewart, Frank A. Dante, Melissa F. Murphy, Michael A. Stoolman and Serena S. Gopal of Blank Rome LLP.

Wolf represented himself in the fee appeal. Conrad & Scherer is represented by in-house counsel Eric Hager.