Cases: Class Actions

In The News . . . . E.D. Pa. Judge Awards Wage/Hour Attorneys 20% Of Settlement Fund, While D. Mass. Judge Awards Neurotin Class Action Counsel 28% Percentage Of Recovery In Class Action Case

Cases: Class Actions, Cases: Employment, Cases: Lodestar

  Fee Award in TD Bank Wage/Hour Class Action.      In Keller v. TD Bank, N.A., Civ. Action No. 12-5045 (E.D.Pa. Nov. 4, 2014 Order), U.S. District Judge L. Felipe Restrepo awarded class action counsel exactly what they wanted–$1.2 million in fees out of a $6 million settlement fund in the settlement of a wage/hour […]

Class Actions/Settlement: Trial Court Properly Issued TRO Requiring Lawyers To Deposit Settlement Funds In Account Under Court Supervision — Funds The Lawyers Claimed Were For Attorney’s Fees

Cases: Class Actions, Cases: Settlement

Judge Harold Kahn Reads The Riot Act.      If ever a case demonstrates why settlements of class actions and fee awards to class counsel are subject to court oversight and scrutiny, this is it.  Lofton v. Wells Fargo Home Mortgage v. Wells Fargo Home Mortgage, Case No. A136626 (1/3 October 22, 2014) (certified for publication).

In The News . . . . N.D. Cal. District Judge Approves $5.175 Million Fee Award In ADA Class Action

Cases: Civil Rights, Cases: Class Actions, In The News

  Settlement Involved ADA Compliance Relief, No Monetary Benefits to ADA Patrons.      Wheelchair ramp at Minneapolis Federal Building.  Carol M. Highsmith, photographer.  2012.  Library of Congress.      Moeller v. Taco Bell Corp., Case No. 4:02-cv-05849-PJH (N.D. Cal.) is a long-running ADA class action brought against Taco Bell, with the case alleging scooter-bound and wheelchair-bound

In The News . . . . N.D. Cal. District Judge Grants Reduced Lodestar Plus 2.59 Multiplier To Class Counsel In Bank of America Automated Call Settlement

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

  $8 Million Percentage of Recovery Request Nixed; Reductions Made for Inefficient Work Efforts and High Settlement/Mediation Work Requests.      In Rose v. Bank of America Corp., Case Nos. 5:11-CV-02390 & 5:12-CV-04009-EJD (N.D. Cal. Aug. 29, 2014) (Doc. No. 180), U.S. District Judge Edward J. Davila gave final approval to a settlement of a class

Class Action: $1 Million In Class Counsel Fees Affirmed By Majority Under Lodestar And Percentage Of Recovery Methods

Cases: Class Actions, Cases: Lodestar

  Dissenting Judge Concerned About Claim Response Rates and Clear Sailing/Reverter Clauses.      Laguna v. Singh, Case No. 12-55479 (9th Cir. June 3, 2014) (published) was a case which shows the divergent views of federal jurists on class action settlements where the common fund value is not of a fully liquidated nature.      The majority

Class Actions: $215,000 Fee Award To Class Counsel Affirmed

Cases: Class Actions

  Percentage of Common Fund Not Dispositive, But Cross-Check Showed Fees As Measured By Value Of Claims Was Still Within the Ballpark.      In Litwin v. iRenew Bio Energy Solutions, LLC, Case No. B248759 (2d Dist., Div. 1 May 28, 2014) (partially published; fee discussion not published), a class action settlement in a false advertising

Class Action/Common Fund: Reasoning By N.D. California District Judge Might Aid State Court Practitioners Arguing Percentage Of Fund, Rather Than Lodestar, Should Be The Approach In Common Fund Cases Even At The State Level

Cases: Class Actions, Cases: Common Fund

  Around $13.25 Million, 25% Of $53 Million Settlement Fund (After Deducting Class Action Administration Expenses), Is Awarded To Class Counsel.      Generally, California uses the lodestar as the fee-setting approach in the class action context, “cross-checked” by the percentage of recovery approach. However, reasoning by U.S. District Judge Richard Seeborg in his fee award

In The News . . . Two Federal Court Of Appeals Decisions Use Different Methods To Fix Attorney’s Fees In Class Actions

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

  Third Circuit Sustains Using Percentage of Recovery Method, “Cross Checked” By Lodestar Analysis, In Setting Class Action Counsel Fees.      In Dewey v. Volkswagen of America Inc., Case Nos. 13-1123/1124 (3d Cir. Feb. 12, 2014) (not published/not precedential), the Third Circuit Court of Appeals sustained a $9,207,248 attorney’s fees award to class action counsel

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