Cases: Class Actions – Page 11

Class Action: $1.125 Million Fee Recovery To Class Counsel In Labor Class Action Reversed Based On Actual Claims Distribution Percentage And Failure To Allow Class Objections Prior To Fee Motion Filing Deadline

June 3, 2015

Ninth Circuit Did Not Preclude Settlement Might Be Fair, But Value And Due Process Concerns Triggered A “Relook.” The Ninth Circuit, in Bedolla v. Labor Ready Southwest, Inc., Nos. 13-5506 et al. (9th Cir. June 2, 2015) (published), denied an objector’s related motion to intervene (four years into the litigation) but did reverse […]

Class Actions, In The News . . . . Central District California District Judge Rejects Plaintiffs’ Counsel Request For Enhanced Fee Award In Kia/Hyundai Fuel Efficiency MDL Case

May 10, 2015

$2.8 Million Fees Deemed Enough. As recently reported in the media, a Central District of California district judge nixed class counsel’s request for an enhanced fee recovery in the KIA/Hyundai fuel efficiency MDL case. Instead, he awarded $2.8 million, but nixed a request for $6 million more on a multiplier basis.

Class Actions, In The News: Central District California District Judge Only Awards Class Counsel $11,000 Out Of Requested $1.9 Million In Fees

Cases: Class Actions, In The News

May 6, 2015

Inflated Requests and Unnecessary Work Efforts Predominated, With District Judge Not Sure Defense Work Was Probative To Combat Unnecessary Plaintiff Work As Far As Gauging Reasonableness Of Plaintiffs’ Fee Request. Although we are only going on media reports, U.S. District Judge George H. Wu of the Central District of California in Red, et

Class Actions: Empirical Study Of 2007-2012 Of Fee Recoveries In Settled Federal Securities Class Action Cases Yields Some Interesting Findings

Cases: Class Actions

April 14, 2015

Study Will Be Published In Upcoming 2015 Edition of Columbia Law Review. Law professors Lynn Baker, Charles Silver, and Michael Perino will soon be publishing an article, “Is The Price Right?: An Empirical Study Of Fee-Shifting In Securities Class Actions,” in an upcoming edition of the Columbia Law Review. The article is based

In the News . . . . N.D. Cal. District Judge Informs Class Counsel In Wells Fargo Overdraft Class Action That Fees Cannot Be Based On Subjective Evidence

Cases: Class Actions, In The News

March 31, 2015

Also Indicates That Defense Counsel Billings Will Not Remain Sealed Forever. In Gutierrez v. Wells Fargo Bank, N.A., Case No. 07-05923 WHA (N.D. Cal.), U.S. District Judge William Alsup recently ruled on March 27, 2015 that class counsel in the Wells Fargo overdraft class action—who won a $203 million restitutionary judgment—must support their

In The News . . . . 2015 Class Action Survey Out Showing Trends Among Sued Top 350 Firms Doing Business In U.S.

Cases: Class Actions, In The News

March 18, 2015

Class Action Spending Around 2.1 Billion Dollar Level, With Increase In Number Of Class Actions Being Handled By In-House Top Counsel And With Rise In High-Risk Class Actions. Carlton Fields Jorden Burt, LLP recently has come out with its 2015 Class Action Survey, the highlights of which can be found here. Top

Class Action: 25% Of Settlement Fund Fee Recovery Justified In Class Action Where Cash and Gift Card Value Of $27.25 Million Was Involved

Cases: Class Actions

February 28, 2015

Components of Settlement Fund Considered By District Court, Fee Petition Notice, and Fee Award Explanation All Sound In Nature. In In re Online DVD-Rental Antitrust Litig., Nos. 12-15705 et al. (9th Cir. Feb. 27, 2015) (published), the Ninth Circuit considered, among other issues, the propriety of a 25% of settlement fund fee award

Class Action: Trial Court Erred In Discounting Class Counsel Fee Recovery For Limited Success In Unruh Act Class Action Based On Mathematical Formula

Cases: Class Actions

February 18, 2015

Lower Court Award of $5 Million Out of Requested $16 Million Remanded. Jones v. Wells Fargo Bank, N.A., Case No, B243333 (2d Dist., Div. 7 Feb. 17, 2015) (unpublished) involved a trial court’s substantial reduction of requested fees by class counsel in an Unruh Act case involving alleged discrimination in making loans by

Class Action: Trial Court Did Not Abuse Discretion By Basing Class Counsel Fee Award On Work Effort/Hourly Work By Class Counsel In Prior Case

Cases: Class Actions

January 7, 2015

No Abuse of Discretion to Only Award $297,700 Out of Requested $584,055.46-$607,308 Fee Request. Nguyen v. Wells Fargo & Co., Case No. B256375 (2d Dist., Div. 4 Jan. 6, 2014) (unpublished) is an interesting class action fee case, given that it basically affirms a trial judge’s decision to base a fee award in

Class Action: $11 Million Class Counsel Fee Recovery Affirmed Where Total Claims Being Actually Made Exceeded $49 Million

Cases: Class Actions

December 11, 2014

“Clear Sailing” Settlement Provisions Not Per Se Invalid Under State Law. Computer Service Tax Cases, Case No. A139445 (1st Dist., Div. 5 Dec. 10, 2014) (unpublished) is a class action settlement appeal where 200,000 claims were filed resulting in claims to recover tax refunds of around $49.1 million. The lower court granted class