NEW YORK — Lawyers for the families of four 9/11 victims are urging a judge to reconsider his decision to reject $28.5 million in settlements that he now says are excessive compared with those other survivors received.
U.S. District Judge Alvin Hellerstein had approved four settlements ranging from $5.5 million to $8 million weeks ago, but reversed himself July 24, saying the amounts were “disproportionately large” and that they “embarrass and prejudice” those who settled earlier.
He referred to the four victims as “modest wage earners at the Pentagon.” Their families were among fewer than 100 who sued over deaths or injuries from the Sept. 11, 2001, terrorist attacks. More than 5,000 others received money from a special fund established by Congress that distributed more than $7 billion.
Hellerstein said individuals who went to court generally won larger awards than those who opted to file claims with the Victim Compensation Fund but that those who filed lawsuits may have faced more expenses as well as the added risks and challenges of litigation.
Hellerstein harshly criticized the lawyers in the four rejected settlements, saying the 25 percent fee they requested was far above the 15 percent given most other lawyers handling the cases. He accused the lawyers of trying to get a “very large windfall” of more than $7 million of the total $28.5 million agreed to by insurance companies for airlines and airport-security companies.
Baltimore lawyer Jonathan Asrael, who represented the families, said in papers filed in federal court Monday that the settlements were fair and should be reinstated.
Families who filed lawsuits have said they did so seeking answers rather than money, on matters such as how the terrorists made it through airport checkpoints.
With the seventh anniversary of the 2001 attacks just weeks away, Hellerstein’s ruling provided a status report on the more than 10,000 lawsuits slowly winding through the courts.
