Tuesday, September 28, 2010

IN RE: BRIDGEPORT FIRE LITIGATION APPEAL OF: PROFESSIONAL FLOORING, CO., INC., LIMERICK CARPET AND FLOORING, INC., ROSE LINE, INC., AND RENU ELECTRONI

IN RE: BRIDGEPORT FIRE LITIGATION
APPEAL OF: PROFESSIONAL FLOORING, CO., INC., LIMERICK CARPET AND FLOORING, INC., ROSE LINE, INC., AND RENU ELECTRONICS, INC.

No. 2865 EDA 2009 2010 PA Super 181 Atlantic: n/a Filed: 9/28/2010

Appeal from the Order entered September 4, 2009
In the Court of Common Pleas of Montgomery County,
Civil Division, No. 05-20924
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Professional Flooring Company, Inc., Limerick Carpet & Flooring, Inc., Rose Line, Inc. and Renu Electronics, Inc. (hereinafter “Certain Class Plaintiffs”) appeal from the order entered in the Court of Common Pleas of Montgomery County on September 4, 2009, denying their motion for incentive fees, and the order entered on September 10, 2009, authorizing compensation for the court-appointed Claims Administrator, by the Honorable Steven T. O’Neill. After careful review, we reverse and remand for further proceedings. This matter forms a small part of the class action litigation that arose from the destruction by fire on May 15, 2001 of a large, multi-unit industrial complex known as the Continental Business Center (“CBC”) in Bridgeport, Pennsylvania. Appellants, Certain Class Plaintiffs, are businesses that suffered losses in the fire and are the original plaintiffs, having filed a putative class action suit against the owners and managers of the CBC nine days after the fire occurred. On April 14, 2003, Judge O’Neill certified the class and appointed Certain Class Plaintiffs as representative plaintiffs of the class. He also appointed the law firms of Kline & Specter, P.C. and High Swartz LLP as class counsel.
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