In Doing So, He Reduces About $5 Million Of Class Counsel Request, But Invokes “Game Of Thrones” To Reject NCAA’s Argument That Only $8.5 Million Should Be Awarded. A class of football and men’s basketball players won antitrust claims against the National Collegiate Athletic Association (NCAA) for use of their names, images, and
“Clear Sailing” Provision Not Per Se Suspect. Weight Loss. Father reduces his weight. Arthur Burdett Frost, 1914. Library of Congress. In Anaya v. QuickTrim, LLC, Case No. D067432 (4th Dist., Div. 1 July 2, 2015) (unpublished), a CLRA class action challenging product labeling and packaging for weight loss products was settled under
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
$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.
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
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
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
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
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
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
