Cases: Class Actions

In The News . . . N.D. Cal. District Judge Rejects Preliminary Approval Where FLSA Class Action Attorneys Wanted Fee Recovery Of 78% Of Settlement Fund

Cases: Class Actions, In The News

       In Villa v. United Site Services of Cal., Inc., Case No. 12-CV-00318-LHK (N.D. Cal. Nov. 27, 2013) (Order Denying Without Prejudice Motion for Preliminary Approval of Settlement), U.S. District Judge Lucy H. Koh, in a FLSA settlement, denied preliminary approval of a $349,676.30 settlement fund for class members where attorneys were requesting fees […]

In The News . . . Callahan & Blaine Reportedly Receives $6.2 Million In Fees In Class Action Against U-T San Diego Newspaper Over Independent Contractor Versus Employee Issue

Cases: Class Actions, In The News

       As reported in he January 23, 2014 edition of The Orange County Register, well-known trial attorney Daniel J. Callahan of Callahan & Blaine, who headed a $30 million earlier settlement for carriers obtained from Freedom (together with significant fees) in Orange County Superior Court, has won a $10 million judgment against U-T San

Class Actions/In The News: New York District Judge Approves $544.8 Million Fee Award In Visa/MasterCard Antitrust Merchant Class Action

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

  Court Utilizes “Sliding Scale” Percentage of Fund Approach, Checked by Lodestar With Multiplier. The Price?  Priceless.      After approving a settlement producing a $5.7 billion settlement fund in a class action case brought by merchants against Visa, MasterCard, and several banks relating to certain interchange rates, U.S. District Judge John Gleeson then had to

Class Action: Seventh Circuit Decision in Silverman Packed Full Of Things For Everyone – Class Counsel, Objectors, Op-Ed Pieces, Public Discussion In General

Cases: Class Actions, Cases: Common Fund

  Ultimately, 27.5% Common Fund Fee Recovery Affirmed, But … With Caveats.      Chief Judge Easterbrook, one of the “Chicago School” jurists, authored an interesting decision on August 14, 2013 in Silverman v. Motorola Solutions, Inc., 2013 WL 4082893 (3d Cir. Aug. 14, 2013). We will be curious who thinks this cuts one way or

Class Actions: In The News . . . . Mayer Brown Study Suggests Consumers Do Not Get Much, If Anything, In Class Actions

Cases: Class Actions, In The News

  Study Arose Out of Consumer Financial Protection Bureau Review.      As reported in a December 24, 2013 article in The Wall Street Journal, Mayer Brown law firm for the Chamber of Commerce Institute for Legal Reform launched a study out of concern that an ongoing review of arbitration agreements by the new Consumer Financial

Class Actions/In The News . . . . Chief Judge Kozinski And Wife Object To Proposed Settlement In Nissan Leaf Class Action

Cases: Class Actions, In The News

  Objection Centers on Plaintiffs’ Counsel Allegedly Selling Out For Fees.      As reported both in The Daily Journal and ABA Journal (on-line version), Chief Judge Alex Kozinski, chief judge of the Ninth Circuit Curt of Appeals, and his wife, Marcy Tiffany, filed objections to a proposed settlement in a class action alleging defects in

Class Actions/Costs/Multiplier/Reasonableness Of Fees: Plaintiffs Winning Vacation Pay Labor Code Class Action Also Garner Costs Of $145,341.93 And Attorney’s Fees Of $5,722,008

Cases: Class Actions, Cases: Costs, Cases: Multipliers, Cases: Reasonableness of Fees

  2.0 Multiplier Enhancement Was Justified.      In Molina v. Lexmark International, Inc., Case Nos. B227746 et al. (2d Dist., Div. 2 Sept. 19, 2013) (unpublished), an employer suffered a $7,777,620 adverse amended judgment in a class action involving employer’s vacation policy violations of Labor Code section 227.3. The lower court also awarded plaintiffs $145,341.93

Class Action/Paralegal Time/Sanctions: Court Of Appeal Affirms $176,900 Discovery Monetary Sanctions Against One Class Action Counsel, Sustains Awarding The Same Counsel No Fees Based On Tarnished Credibility

Cases: Class Actions, Cases: Paralegal Time, Cases: Reasonableness of Fees, Cases: Sanctions

  Also Sustains Awarding $176,900 To Same Counsel’s Staff For Work Effort, And Remands For Consideration Of Costs Request Appellate Court Finds that Paralegals Do Not Necessarily Have to Meet California B&P Educational/Certification Requirements in Order to Obtain Compensation.      This next case, Ellis v. Toshiba America Information System, Inc. (Sklar), Case Nos. B220286/B227078 (2d

Class Action: S.D.N.Y. Federal Judge Gives A Nice Roadmap On Issues That Recur In Class Action Requests For Fee Awards

Cases: Class Actions

  Roadmap Provided in Citigroup Ins. Securities Class Action Settlement.      U.S. District Judge Sidney H. Stein, in In re Citigroup Ins. Sec. Litig., 87 Civ. 9901 (SHS) (S.D.N.Y. 8/1/13 Doc. 275), has provided a nice “roadmap” for deciding issues that frequently come up when district judges consider class action plantiffs’ attorneys’ fee requests.     

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