Cases: Class Actions

Section 998: Lump Sum 998 Offer Made To Class Representative of Multiple Classes Found To Be Invalid

Cases: Allocation, Cases: Class Actions, Cases: Section 998

Fourth District, Division 1 So Rules, Assuming 998 Offers Are Valid in a Certified Class Situation.      Nelson v. Pearson Ford Co., Case No. D054369 (4th Dist., Div. 1 July 15, 2010) (certified for publication) is an interesting decision where significant fees were awarded in a class action involving a California consumer-shifting fee statute. However, […]

Equity: Common Fund Debate . . . . Lodestar Or Percentage Of Recovery . . . . U.S. District Court Opts For Lodestar

Cases: Class Actions, Cases: Common Fund, Cases: Equity, Cases: Lodestar

USDJ Chooses Lodestar in Wage/Hour Class Action Fee Recovery Settlement.      Our friend and fellow blogger H. Scott Leviant has reported on Anderson v. Nextel Retail Stores in his June 30, 2010 post at The Complex Litigator website.      There, U.S. District Judge Stephen Wilson, in a common fund wage/hour class action settlement, chose the

Class Actions: Lodestar/Multiplier Determinations Remanded In Private Attorney General Statute Fee Award

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, Cases: Substantiation of Reasonableness of Fees

Court of Appeal Also Decides Prejudgment Interest Not Allowable on Fee Awards.      Okay, so who says we don’t try to give you readers a synopsis of decisions (even though some might be a little wordy)? The next decision—Woosley v. State of California, Case No. B209890 (2d Dist., Div. 5 Apr. 16, 2010) (unpublished)—involves some

In The News . . . . McCourts’ Divorce Fees Pile Up, Large “Lemon Law” Award Against Mercedes-Benz In Wisconsin, And Class Member Objects To Class Action Settlement Garnering Only Fees For Class Counsel

Cases: Class Actions, Cases: Consumer Statutes, Cases: Family Law

$19 Million in Fee Spent in McCourt’s Divorce.      Frank McCourt has estimated his divorce-related expenses at $5-$10 million, while Jamie McCourt has estimated her expenses as $9 million (with Jamie asking Frank to pay them), all in the on-going and apparently acrimonious divorce proceeding between Los Angeles Dodger owner Frank and former officer Jamie.

In The News . . . . Class Action Attorneys For Black Farmers May Get A Substantial Fee Recovery

Cases: Class Actions, In The News

$1.25 Billion Settlement Yields Potential Fee Recovery of 4 to 7 %      The U.S. Government announced a tentative $1.25 billion ($1,250,000,000) settlement to resolve a racial discrimination action by black farmers who were denied access to USDA loan programs and denied participation in an earlier class action settlement. Although still subject to congressional authorization

In The News . . . . Lawyers Having Conflicts With Class Representatives Over Incentive Payments Denied Fees In Entirety in BAR/BRI Settlement

Cases: Class Actions, Cases: Ethics, In The News

  Nonconflicted Attorneys Get Award of Fees; Conflicted Attorneys Do Receive Reimbursement of Over $1.2 Million in Expenses.      In our April 26, 2009 post, we reported on Rodriguez v. West Publishing Co., 563 F.3d 948 (9th Cir. 2009), where class representative incentive agreements creating conflicts of interests required reconsideration of fee awards to both

Class Action And Arbitration Crossover: Appellate Court Affirms Arbitrator Computational Error Correction In Class Action Attorney’s Fee Allocation Dispute

Cases: Arbitration, Cases: Class Actions

First District, Division 1 Addresses Claimed Conflict Between JAMS Rules and CCP Arbitration Correction Provision.      Here is a decision that involves consideration of class action and arbitration crossover issues.      Two attorneys deserving of attorney’s fees in a substantial class action settlement entered into an agreement among themselves on the allocation of fees, calling

Class Action And Equity: Shareholder Obtaining Minor Changes To Proxy Statement Not Entitled To Substantial Benefit Fee Recovery In The Absence of Presuit Notification To Defending Public Company

Cases: Class Actions, Cases: Equity

  Fourth District, Division 3 Uses Equitable Maxims in Reaching Result.      Our favorite line in the decision we next review is this: “Since delay defeats equity, we will hold our applause.”        Above:  Cartoon showing blinded “Justice” trying to drag the “Letter of the Law” through obstacles of “delay, postponement, re-trial, and technicality”.   1912. 

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