Cases: Class Actions

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. 

Class Actions: Trial Court’s Error In Not Enforcing Arbitration Provision On Attorney’s Fees Range Was Not Prejudicial Where Lower Court Found Fees Were Reasonable And Not Collusive In Nature

Cases: Class Actions

First District, Division 5 Faces First Impression Issue in Reviewing Trial Court’s Refusal to Enforce Arbitration Provision In Class Action Fee Resolution Arena.      Well, we kick off our 2010 review of jurisprudence with an interesting decision from the First District, Division 5 in the class action area.      In Cellphone Termination Fee Cases, Case

Class Actions: Class Action Fee Settlement Remanded Because Trial Judge Failed To Use Lodestar Method

Cases: Class Actions, Cases: Lodestar

  $20,000 Fee Award Reversed Where Class Action Attorney Requested $263,606 in Fees.      The next case illustrates that California courts generally require use of the lodestar method in non-common fund cases. Trial judges cannot simply use the common fund method in a case that really isn’t a fund case; in these instances, the lodestar

Three-Fer From Recent California And ABA Monthly Magazines/Papers

Cases: Class Actions, Cases: Insurance, Cases: Retainer Agreements, Cases: Settlement, Off Topics

  No. 1: Ellen Peck Reviews “Fees, Fee Agreements & Arbitrations” in December 2009 Edition of CALIFORNIA BAR JOURNAL.      Ellen R. Peck, an Escondido sole practitioner and former State Bar Court judge, made these points in her recent California Bar Journal article: Except in limited circumstances, most private attorneys have to notify clients they

Class Actions: Class Counsel Have Obligations To Enforce Judgment And Report To Supervising Court On Uncollectibility

Cases: Class Actions

Class Counsel’s Obligations Do Not End With Entry of Judgment.      Class actions have heightened obligations for class counsel, with fiduciary obligations that transcend those owed to non-class clients. The next case shows that the obligations extend beyond mere entry of judgment.      Barboza v. West Coast Digital GSM, Inc., Case No. B215454 (2d Dist.,

In The News . . . . Wal-Mart Settles Many Federal Unpaid Wages Lawsuits For Between $65-85 Million

Cases: Class Actions, In The News

Plaintiffs’ Attorneys Stand To Be Awarded One-Third of Final Recovery Up to An Estimated $28 Million Ceiling.      Wal-Mart Stores Inc., the world’s largest retailer, recently won approval of a settlement of over 30 federal lawsuits alleging the retailer did not pay all required wages to workers. The settlement, which was blessed on November 2,

Scroll to Top