A recent opinion from the U.S. District Court for the Northern District of Illinois is the latest in a series of federal judicial decisions narrowing the range of recoverable expert fees incurred in class-action litigation.
Abrams v. Van Kampen Funds Inc., decided on Feb. 21, 2006, represents a growing number of federal decisions denying reimbursement of excessive expert-related expenses. Abrams, with a focus on fees for experts in the securities field, should be particularly comforting to directors and officers liability insurers.
The Abrams case is noteworthy because it appears to establish a relatively clear ceiling for reasonable customary expert rates in the absence of contrary evidence. This is significant considering the ever-increasing expert expense amounts claimed pursuant to various cost recovery mechanisms available to litigants today.
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