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Kentucky fen-phen fraud trial decision reversed

In 2007, a Kentucky trial court judge ruled that Kentucky fen-phen lawyers William Gallion, Shirley Cunningham, and Melbourne Mills Jr. owed $42 million to their clients as a matter of law. An appeals court has held that an expert opinion (by Kenneth Feinberg!) claiming that the three (two of whom have since been convicted of criminal charges) acted "ethically" created an issue of fact requiring trial. The suit will proceed against the three and Stan Chesley, who has confidential disciplinary charges pending against him in Kentucky; "Bar Counsel officials have stated in his disciplinary proceedings that they're seeking Chesley's disbarment." (Jon Newberry, "Court paves way for new fen-phen trial", Cincinnati Business Courier, Feb. 9; Cunningham v. Abbott (Ky. App. 2011).)

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.