Texas Appeals Court Vacates Summary Judgment In Fen-Phen Cost Dispute

HOUSTON - A Texas state appeals court on Aug. 20 reversed summary judgment potentially worth millions of dollars for more than 600 plaintiffs against their fen-phen attorney, finding that the trial court must allow the parties to litigate the question of whether the attorney breached his fiduciary duty by charging them all for the costs of a mass screening program and, if so, whether it is reasonable to order a disgorgement of attorney fees and costs (George Fleming, et al. v. Tammylern Curry, et al., No. 14-11-01093-CV, George Fleming, et al. v. Carolyn B. Alvarez, et al., No. 14-12-00300-CV, Texas App., 14th Dist.).

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