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Re: Manhattan Club Lawsuit (by Sue O.):

stevenw317 - here is the reply to your question from lawyer:

We expect significant burden per plaintiff. Since we are not proceeding as a class action, each plaintiff will have a separate claim, and potentially separate discovery. This burden is bilateral, and means that the Eichners will also face significant costs. For each plaintiff, we need to understand the causes of action, the facts, and the applicable law. In some cases, we will need to study statutes of limitations, etc.

Unused retainer is refundable, but the fee is a hybrid arrangement that encompasses both the cash retainer amount plus the contingent recovery. Therefore, we will not be crediting the % recovery against the cash amount.

Thanks,

JM

Jean-Marc Zimmerman

Zimmerman Law Group

stevenw317 wrote:

I am an attorney and owner of 2 MC flex weeks since 2003 & 2007 (approx,), and am current on my maintenance. Nonetheless I am inclined to join the action, but have 2 Qs:

1. Why a $1250 (arbitrary) retainer? Seems to me your retainer should be a fixed amount (whether it be $25,000, $50,000, $100,000 or whatever, DIVIDED by the # of plaintiffs willing to sign tour retainer agreement. That’s fairer to those who DO sign up; and to you as well. For instance, hypothetically, if ALL 16,000 owners retained your firm, your retainer fee would be (gasp) about $20 million (@ $1250 per). On the other hand, if there are only 50 plaintiffs, I don’t see how you could even get past a motion to dismiss for $50,000.

2. Assuming a good recovery and your 30% contingency fee (which is fair, to be sure), will the retainers you receive be applied against the contingency fee if that is larger than the total retainers paid to your firm? Likewise, if you discontinue prior to utilization of all retainers, I assume the difference will be refunded??