Cases: Class Actions

Class Action: N.D. California District Judge Denies Approval Of Nissan Braking Class Action Settlement Based Primarily On Huge Payout Of Funds To Class Counsel

Cases: Class Actions

Fees Too Disproportionate Where Class Counsel Would Obtain Fee Recovery Of $3.45 Million Versus $278,056 In Distributions To Class Members Based On Low Claim Submission Rate.     In Banks v. Nissan North America, Case No. 11-cv-2022-PJH (N.D. Cal. Doc. 203 Nov. 30, 2015), the parties had reached a tentative settlement in a class action involving

Class Action, Common Fund, and Lodestar: Court Of Appeal Affirms Judgment Awarding Plaintiffs’ Attorneys 37.5 Percent Of Settlement Fund

Cases: Class Actions, Cases: Common Fund, Cases: Lodestar

  High Percentage Of Common Fund That Is Much Lower Than Lodestar Is Reasonable Way To Calculate Fee Award In Class Action.      A fee award to plaintiffs’ attorneys of 37.5% of the settlement fund may seem generous.  Indeed, it seemed too generous to objectors in Roos v. Honeywell International and Rogers, A142156 (1/1 Nov.

In The News . . . . N.D. Cal. District Judge Lucy Koh Approves “No Poaching” Antitrust Class Action Settlement, Awarding $40,043,932.50 In Fees To Class Counsel

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  Award Was Less Than Half Of $81 Million Request, Using Lodestar Billings Augmented By Positive 2.2 Multiplier.     On September 2, 2015, U.S. District Judge Lucy Koh of the Northern District of California gave final approval to a class action settlement by high tech workers challenging on antitrust grounds a “no poaching” pact reached

Class Actions: Seventh Circuit Finds That Fee Recovery Lodestar Measure, Rather Than Basing Fees On Coupon Redemption Values, Can Be Used In Passing On Class Counsel Fees

Cases: Class Actions

  Seventh Circuit Disagrees With Contrary Conclusion By Ninth Circuit In In re HP Inkjet.     The Seventh Circuit Court of Appeals has authored an important opinion in the class action fee area.      In In re Southwest Airlines Voucher Litig., Nos. 13-3264 et al. (7th Cir. Aug. 20, 2015), the Seventh Circuit construed several

Class Action: Trifecta Of July 24, 2015 California Federal Court Decisions On Class Action/Derivative Case Settlements And Fee Requests

Cases: Class Actions

  N.D. Cal. District Court Approves $11.4 Million Fee Award In Optical Disk Drive Case.     In In re Optical Disk Drive Antitrust Litig., No. 3:10-md-02143-RS (N.D. Cal. July 24, 2015), U.S. District Judge Richard Seeborg awarded $11.4 million in fees and $1.6 million in expenses in a price-fixing conspiracy class action which produced a

In The News . . . . Class Counsel In BSH Home Appliances Moldy Washer Case Get $6.5 Million In Fees/Expenses Approved And Virginia Standing Committee On Legal Ethics Issues Opinion Helpful To Chapter 7 Bankruptcy Attorneys Getting Paid For Debtor Services

Cases: Bankruptcy Efforts, Cases: Class Actions, Cases: Ethics, In The News

  $55 Cash Payment Under Claims Procedure Was Consideration, With Class Counsel Obtaining $6.5 Million In Fees And Expenses.     In Tait v. BSH Home Appliances Corp., Case No. 8:10-cv-00711 (C.D. Cal. July 27, 2015), U.S. District Judge David O. Carter approved a $6.5 million payment of fees/expenses to class counsel in a case involving

Class Action: Golba Decision Now Published

Cases: Class Actions

  4/3 DCA Decision Discussed Out-Of-State Counsel Denied Fee Recovery For Never Getting Pro Hac Vice Admittance.     On July 14, 2015, we posted on Golba v. Dick’s Sporting Goods, Inc., Case No. G049611, a 4th Dist., Division 3 decision which was unpublished at the time.  It decided that out-of-state class counsel was properly denied

Class Action: Undisclosed Supplemental Fee Arrangement In Settled Class Action Is Nixed By San Francisco County Superior Court Judge

Cases: Class Actions

  $5.5 Million Side Deal, Done Without Court Approval, Derailed.     Judge Mary E. Wiss of the San Francisco County Superior Court, in a July 16, 2015 order in Lofton v. Wells Fargo Home Mortg., Case No. CGC-11-509502, derailed a $5.5 million “supplemental” fee arrangement between one class law firm, its clients, and Wells Fargo

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