Cases: Class Actions

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

Class Actions: Ninth Circuit Determines That Class Counsel Fee Motions Cannot Be Set For Hearing Before Persons Can File Objections To Fee Requests

Cases: Class Actions

  No Bright-Line Rule Is Set, But Timing of Motions Must Take into Account Timing of Objections to Actual Fee Request Submissions on Due Process Grounds.      This next case should be of keen interest to class action practitioners.      The Ninth Circuit, in In re Mercury Interactive Corp. Sec. Litig., Case No. 08-17372 (9th

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.

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