Cases: Class Actions

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.     

Class Action: Class Counsel Disqualified Where Class Representatives Conditioned Settlement Approval Upon Receipt of Incentive Awards

Cases: Class Actions

  Up For Grabs: $16 Million Class Counsel Fee Award in the Balance on Remand.      The Ninth Circuit Court of Appeals, in the next case, sent a strong message to class action attorneys that you cannot structure class representatives’ incentive awards conditioned on their support for the settlement, especially where the incentive awards exceeded

Class Action/Referral Agreements: $310 Million Fee Recovery Fixed In Long-Standing Federal Antitrust Case

Cases: Class Actions, Cases: Referral Agreements

       As reported by Andrew Longstreth in an April 4, 2013 post at Thomson Reuters News & Insight, N.D. Cal. U.S. District Judge Susan Illston awarded dozens of plaintiffs’ law firms $310 million in attorney’s fees in a long-running antitrust price-fixing case where over $1 billion in settlements were obtained in a dispute over

Arbitration/Class Actions: $25.000 In Attorney’s Fees Incurred In Successfully Opposing Motion To Compel Arbitration, Pre-Concepcion, Did Not Constitute Damages For Proceeding Under The Consumer Legal Remedies Act

Cases: Arbitration, Cases: Class Actions

       In Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist., Div. 3 Jan. 29, 2013) (unpublished), a plaintiff in a long-running Consumer Legal Remedies Act (CRLA) battle finally lost on a judgment on the pleadings battle, which was affirmed by our local Santa Ana appellate court in a 3-0 opinion authored by

Class Actions/Equity/Referral Agreements: Attorney May Be Equitably Estopped From Enforcing Fee-Sharing Agreement Violations Where Attorney Prevented Other Participating Attorneys From Compliance With Fee-Sharing Requirements

Cases: Class Actions, Cases: Equity, Cases: Referral Agreements

  Equity Can Play a Role In These Disputes, Rules Fourth District, Division 3.      Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler, Case No. G045872 (4th Dist., Div. 2 Dec. 19, 2012) (published) goes to show you that equity does interplay with ethical fee-sharing restrictions.      Here, the Fourth District, Division 3, in a

Class Action/Costs: $713,463.72 In Putative Class Action Discovery Notification Costs Were Recoverable By Prevailing Defendant

Cases: Class Actions, Cases: Costs

     In re Insurance Installment Fees Case, Case No. D057138 (4th Dist., Div. 1 Dec. 13, 2012) (published) is a situation where defendant appealed class action plaintiffs’ successful motion to tax costs of $713,463.72 that defendant sought to shift to plaintiffs. The costs were those for sending notices to insurance policyholders about discovery of personal

Class Action/Employment: $473,793 In Fees And Costs Awarded In FLSA Class Action Where $225,000 Awarded To Class

Cases: Class Actions, Cases: Employment

  District Judge Rejected $1.7 Million In Fee and Costs Requested by Plaintiff’s Attorneys.      District Judge Michael Telesca, in Mendez v. The Radec Corporation, Case No. 03-cv-6342 (W.D.N.Y.), recently nixed plaintiffs’ attorneys’ request for a $1.7 million fees/costs award in a Fair Labor Standard Act (FLSA) class action. The class obtained a settlement recovery

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