Cases: Class Actions

Class Actions: Attorney’s Fees Before Cy Pres Payments?

Cases: Class Actions

  No Way, Said Appellate Court in Affirming Decision Interpreting Scope of Class Action Settlement.      Here is a post on a case demonstrating that the trial court is the ultimate gatekeeper as far as determining that a class action settlement is fair, including the attorney’s fees award under a settlement.      In In re

Class Actions: Class Member Not Arguing Constructive Common Fund Has No Standing To Challenge Fee Recovery Paid By Settling Defendant

Cases: Class Actions

  Ninth Circuit So Rules In Recent Decision.      In Glasser v. Volkswagen of America, Inc., Case No. 09-56618 (9th Cir. May 17, 2011) (for publication), VW settled with plaintiff in a class action after it consented to new disclosures relating to its smart-key replacement technology (but paid no money to the class), agreeing nevertheless

Class Action/Common Fund: Appellate Court Reverses Attorney’s Fees Award In Class Action Where Defendant May Be Insolvent

Cases: Class Actions, Cases: Common Fund

  Setting Fees Under Wage/Hour Statutes Different From Collectibility of Fees, Remand to Award Fees Under Common Fund Doctrine With Directions.      Barboza v. West Coast Digital GSM, Inc., Case No. B227692 (2d Dist., Div. 4 Mar. 24, 2011) (unpublished) has a tortured history, with this being the fourth appeal–with many of the past ones

Class Action/Lodestar/Multiplier: First District, Division 1 Affirms $1,664,777.48 Fee Award, Using A 1.4 Multiplier, When Total Damages/Interest Award Was About $1.2 Milliion

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers

  Requested 2.0 Multiplier Scaled Back to 1.4.      Just to show you how class action fee awards can often be larger than the damages awards in protracted, contentious cases, we now digest Alcoser v. Thomas, Case Nos. A124848 et al. (1st Dist., Div. 1 Feb. 16, 2011) (unpublished).      There, a tenant successfully won

Class Actions/Civil Rights/Private Attorney General/Settlements: California Lawyer Article Explores Negotiation Of Attorney’s Fees In Public Agency Cases

Cases: Civil Rights, Cases: Class Actions, Cases: Private Attorney General (CCP 1021.5), Cases: Settlement

  Concurrent Negotiation of Substantive Relief and Fees in Public Agency Cases Is Allowable.      Adam W. Hofmann, an attorney in the San Francisco office of Hanson Bridgett, has written an article entitled “Negotiating Attorneys Fees” in the January 2011 edition of The California Lawyer. In it, he explains that California cases expressly reject any

Year End Wrap-Up: Mike & Marc’s Top 20 Attorney’s Decision Fees Decisions–Part 2 of 2.

Cases: Civil Rights, Cases: Class Actions, Cases: Costs, Cases: Experts, Cases: Liens for Attorney Fees, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees, Cases: Requests for Admission, Cases: Retainer Agreements, Cases: Section 1717, Cases: Special Fee Shifting Statutes

     Here is the second installment of our top 20 decisions.      10. Jankey v. Lee, 181 Cal.App.4th 1173 (1st Dist., Div. 4 2010), review granted, No. S180890 (May 12, 2010) — authored by Presiding Justice Ruvolo; discussed in our Feb. 6, 2010 post.      Attorney’s fees are awardable to a prevailing defendant under Civil

Trio Of Cases: Class Action Fee Distribution, Anti-SLAPP Fees To State Bar, And Reach Of Arbitrator Disclosures Highlighted California Appellate Court Thinking

Cases: Arbitration, Cases: Class Actions, Cases: SLAPP

Declaratory Relief Action Denial Reversed re Class Action Fee Distribution.      In Carder v. Patten, Faith & Sandford, Case No. B221940 (2d Dist., Div. 5 Oct. 12, 2010) (certified for publication), the appellate court reversed judgment entered against a plaintiff class action lawyer in a declaratory relief action he brought against other class action co-counsel

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