Cases: Class Actions

Class Action: Recent S.D. California District Judge Order In Mixed Coupon/Non-coupon Class Action Provides Guidance On Fee Motion Review Standards

Cases: Class Actions

For Noncoupon Relief, District Judge Bashant Grants $3.42 Million In Fees Based On Anticipated $10.5 Million Cash Fund Versus Class Counsel’s $5.7 Million Lodestar Request.             U.S. District Judge Cynthia Bashant’s decision in In re Easysaver Rewards Litig., 2020 U.S. Dist. LEXIS 77483 (S.D. Cal. May 1, 2020) contains an excellent discussion of the methodology […]

Class Actions: Award Of $158,446, Out Of Requested $228,133.38 In Fees/Costs, To Non-Lead Plaintiff’s Counsel Affirmed On Appeal

Cases: Class Actions

Plaintiff’s Counsel Failed To Demonstrate That It Conferred A Benefit On The Class Beyond The $158,446 In Incurred Fees For Some Authorized Document Review.             Attorney fee awards in class actions are wholly contingent on achieving benefit for the class – a requirement applying to both lead and non-lead counsel, with each required to

Class Actions: Ninth Circuit Holds That There Is No “Bright-Line Rule” For Percentage-Of-Recovery Benchmark In Megafund Class Action Settlements And That Variance Of Requested From Fees From A Class Counsel’s Upfront Bid In The Case Should Be Consi

Cases: Class Actions

Higher Fee Awards/Cost Award Remanded For Reconsideration.             Class action attorneys, especially those representing the class, will want to read the Ninth Circuit’s opinion in In re Optical Disk Drive Products Antitrust Litig., Nos. 17-15065 et al. (9th Cir. May 15, 2020) (published).  There, the Ninth Circuit remanded for reconsideration of some fee/costs awards to

Class Action, Ethics: One Counsel’s Failure To Disclose A Lack Of Professional Liability Insurance Invalidated Class Action Fee Division Agreement

Cases: Class Actions, Cases: Ethics

However, Matter Was Remanded For Trial Judge To Consider Quantum Meruit Recovery.             Hance v. Super Store Industries, Case No. F075852 (5th Dist. Jan. 23, 2020) (published) is a very scholarly opinion exploring an ethics issue.  Briefly told, a plaintiff’s class action attorney was an experienced labor attorney, but he referred the matter to class

Class Action, Substantiation Of Reasonableness Of Fees: District Judge Adequately Explained 25% Reduction In Lowered Lodestar Hours, Says The Ninth Circuit

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

Reasonableness Of Fee Award Confirmed By Percentage Of Recovery Cross-Check, Where Ultimate Award Was Beyond 25% Benchmark.             Class counsel in a consumer protection class action, which was settled, sought an unopposed $350,000 fee recovery.   The district judge, after setting the reasonable hourly rate, then applied a 25% reduction to the lower lodestar determination based

Class Actions, Employment, POOF!: Class Action Win Of Labor Code Section 226 Penalties And Attorney Fees Against Employer Goes POOF! On Appeal

Cases: Class Actions, Cases: Employment, Cases: POOF!

Employer’s Failure To Include Premium Pay On Wage Statements For “On Duty” Meal And Rest Periods Did Not Trigger Penalties Because Premium Pay Is A Statutory Remedy For An Employer’s Conduct – Not An Amount “Earned” By The Employee.             A certified class of former and current non-exempt employees brought a lawsuit against their

Class Actions: Summer 2019 Litigation News Article Tells What Class Action Issues Are Spiking In 2018-2019 With Respect To Frequency

Cases: Class Actions

Has Implications For Fees, Given Statute And Equitable Principles Allowing For Fee Recovery.             An article by Daniel S. Wittenberg, “Class Action Spending Reaches 10-Year High” in the Summer 2019 edition of the ABA’s Litigation News, provides some interesting insights into the class action cases which are prevalent and frequently expose defendants to attorney’s fees/costs

Class Actions: With Respect to Removed Matters From State Court, Prospective Attorney’s Fees Allowable Under A Statute Or Contract Are To Be Considered For Determining Amount In Controversy For Removal Purposes

Cases: Class Actions

Ninth Circuit So Holds, Even Though There Does Seem To Be A Split Among Other District Courts.             In Arias v. Residence Inn by Marriott, No. 19-55803 (9th Cir. Sept. 3, 2019) (published), defendant filed a notice of removal of a state court wage/hour class action case to federal court.  It did so under the

Class Action: Ninth Circuit Affirms Awarding Only 15% Settlement Fund Fee Recovery, Half That Requested By Class Counsel, Based On Deferential Abuse Of Discretion Standard

Cases: Class Actions

2-1 Majority Also Found Denying Motion For Reconsideration Did Not Require A Different Result; Dissenting Circuit Judge Thought The 50% Reduction Was Too Much Without More Explanation, And The Unopposed Reconsideration Request Should Been Considered.            Schwartz (Kaplan Fox & Kilsheimer LLP) v. Arena Pharmaceuticals, Inc., et al., No. 18-55618 (9th Cir. Aug. 20, 2019)

Class Action, Multipliers: Eleventh Circuit Court Of Appeals Affirms Most Of Class Counsel Award In Home Depot Data Breach Case, But Reverses 1.3 Positive Multiplier Enhancement

Cases: Class Actions, Cases: Multipliers

Federal Appellate Court Provides Scholarly Analysis Of Differences Between Common Fund, Constructive Common Fund, And Contractual Fee-Shifting Cases.             In In re:  Home Depot Inc. Customer Data Security Litig., No. 17-14741 (11th Cir. July 25, 2019) (published), the Eleventh Circuit faced review of a $15.3 million fee award to class counsel in a class action

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