Texas v. Real Parties in Interest

E. GRADY JOLLY, Circuit Judge:

The district court entered a final judgment, incorporating a settlement agreement that supposedly ended the litigation between the State of Texas and the tobacco industry. It should have been expected that, when attorney’s fees are in the billions, a string of disputes would follow. This appeal arises from the post-settlement controversy questioning the legitimacy of the contingency fees awarded to counsel representing the state (“Private Counsel”). Texas instituted this pre-litigation discovery proceeding in state court for the purpose of investigating possible…