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Tob SCT atterneys feed TOBACCO- LEGAL FEES LEGAL FEES Bruce- FYI. The Tustice Department's proposal Elena ATTORNEYS' FEES--HOURLY CAP PROPOSAL FINDING: This historic legislation is the product of efforts undertaken by the federal government, as well as state governments, the public health community, and other private parties. Private attorneys have battled the tobacco industry through litigation on behalf of the states and have also played a significant role in fostering the enactment of this legislation. Congress recognizes that this legislation and creation of a federal trust has an impact on pending litigation and might affect the prospect of compensation for these attorneys. Thus, Congress finds that a need exists to create a system that provides just and fair compensation to attorneys who may be affected by the legislation, but that does not ignore the efforts of others by bestowing an unconscionable windfall on some attorneys. (a) SOURCE AND PAYMENT OF AWARDS.--Manufacturers [who elect to enter the protocol described in section ] [who elect to assume various burdens in exchange for liability protection] shall be responsible for the payment of all attorneys' fees and expenses under this section. In no event shall any award be paid from, credited against, or otherwise affect in any way any fee payments that are required to be made by any participating manufacturer under section or under any other provision of this Act. Any such award shall be paid by participating manufacturers pursuant to an allocation agreement among such Dues this releat manufacturers. In no circumstance whatsoever should the federal government be medicaid admin costs? liable for the payment of any attorneys' fees or expenses, and there shall be no remedy against the government for payment of damages on any claim related to this act.. (b) GENERAL LIMITATION.--Notwithstanding any other provision of law, any attorneys' fees paid in connection with the settlement of an action maintained by a State against 1 or more tobacco companies to recover tobacco-related Medicaid expenditures or for other causes of action involved in the tobacco settlement agreement, shall [generally not exceed $250 per hour, excluding any reimbursement of actual out-of-pocket expenses as approved by the arbitration panel established in section (c)] [be a reasonable fee. A reasonable fee shall be established by multiplying a reasonable hourly rate by the number of hours reasonably expended on the matter. Reimbursement of actual out-of-pocket expenses shall be allowed in addition to the reasonable fee]. (c) ARBITRATION PANEL. (1) ESTABLISHMENT- For the purpose of awarding of attorneys' fees and expenses relating to litigation affected by, or legal services that arguably resulted in whole or in part in, this Act, there is established an Arbitration Panel which shall consist of 5 members to be appointed by the Attorney General, after consulting with (A) the manufacturers;