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Is Judge Alvin K. Hellerstein too empathetic about the 9/11 lawsuits?

The NYT channels criticisms of a federal judge who has involved himself in judging the fairness and adequacy of settlements in non-class action lawsuits. (In a class action, the judge is required to determine that a setttlement "is fair, reasonable, and adequate.")

The NYT article portrays the 76-year-old as having lost his bearings:

The struggle over control of the settlement has underscored two different, but not necessarily contradictory views of the judge: the compassionate jurist driven by a sense of social responsibility and with a wealth of experience with victims? suffering, and the aggressive judge unwilling to cede ground on cases he has shepherded for years...

?This is history for him,? said Arthur Miller, a professor at New York University School of Law who specializes in federal procedure. ?This is an awesome responsibility. He wants to be the person who brought peace to this entire situation. He would not be human if he didn?t feel a personal interest in this.?...

Donald A. Migliori, a lawyer for survivors in airline-related cases whose settlement amounts were reduced, said that such intervention was unusual in a non-class-action suit. ?It?s a very frustrating thing for lawyers,? he said. ?He?s guided by a concept of fairness that?s not in the law.?...

... John Feal, who works as an advocate for the 9/11 workers through his FealGood Foundation, counters that Judge Hellerstein himself has emerged as a ground zero hero.

?The judge is now like Elvis in the 9/11 community,? he said. ?For years these guys have been neglected, and now there?s someone who cares.?

Full post as published by Althouse on May 03, 2010 (boomark / email).