Cases: Class Actions

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

Class Action: July 2019 Paper By Three Law Professors Study Fee Award Trends In Mega-Settlement Federal Class Action Securities Cases

Cases: Class Actions

Multiplier Trends And Attorney “Make Work” Conclusion Are Among The Takeaways.             Right around July 16, 2019, three law professors—Stephen J. Choi, Jessica Erickson and A.C. Pritchard–published a paper exploring fee recovery in federal securities cases involving big company defendants which result in mega-settlements.  They surveyed 1,719 federal securities cases between 2005 and 2016.   We

Class Action: 2/3 DCA, In A 2-1 Opinion, Reverses An Award Of $5,886.50 To Class Counsel In Wage Statement Class Action Where Parties Had Stipulated To $85,000 In Fees To Class Counsel Under Settlement Agreement “Clear Sailing” Provision

Cases: Class Actions

Dissent Found That Most Of Counsel’s Efforts Were Trivial On Wage Statement Claim, With Most Of Fees Expended On An Unsuccessful Meal/Rest Break Claim.             Just to show you how class actions producing a lack of real-life benefits draw very different judicial reactions, one needs to go no farther than Ebo v. The TJX Companies,

Class Action: $41,732,889 Fee And $3,184,274.38 Expense Awards To Class Counsel In NCAA Grant-In-Aid Cap Antitrust Litigation Affirmed By Ninth Circuit

Cases: Class Actions

20% Settlement Fund Fee Award Was No Abuse Of Discretion, Cross-Checked By Lodestar.            A class of college student athletes sued the NCAA over its capped maximum grant-in-aid prior policy which did not cover the full cost of school attendance. Both sides reached a settlement under which a mega-fund settlement of $208.664 million was reached, which

Class Action, In The News: Class Attorneys In Chinese Drywall MDL Settlement Reap $111.4 Million

Cases: Class Actions, In The News

This Amount Awarded Even Though District Judge Chided Them For Vitriolic Fee Requests.             We can report that a Louisiana federal district judge has given approval to a $111.4 million fees/expenses award to class counsel in the Chinese Drywall MDL litigation settlement, even though chiding class attorneys for “vitriolic” fee requests. If you want to

Class Action: Non-Class Counsel Has Standing To Appeal Denial Of Fees, But Record Reflected That They Did Not Provide A Substantial Benefit To The Class Versus Individual Client Class Members

Cases: Class Actions

244 Non-Class Counsel Fee Motions Resolved On Appeal In The Volkswagen Class Action.             In In re Volkswagen “Clean Diesel“ Litig., Case Nos. 17-16020 et al. (9th Cir. Jan. 22, 2019) (published), the Ninth Circuit was facing 244 fee motions by non-class counsel seeking fees in the settlement of the VW “clean diesel” action where

Class Action: Class Counsel Awarded Full Request In Requested Fees–$74,775,000—In Class Action Against Ford Motor Co. For Defective Takada Air Bags

Cases: Class Actions

Fee Award Was 25% Of The Common Fund, But A Lower 14% If Value Of Customer Support Was Factored Into The Analysis.             In In re Takada Airbag Products Liab. Litig., Case No. 1:15-md-02599 (S.D. Fla. 2018), a $299 million settlement was approved by District Judge Federico Moreno in a class action against Ford Motor

Class Action: Trial Judge’s Reduction Of Class Action Counsel Fees From $250,000 To $180,000 Was No Abuse Of Discretion

Cases: Class Actions

Lower Court Does Not Have To Agree To Maximum Amount Ceiling In “Clear Sailing” Provision Under Settlement Agreement And Does Not Have To Award Percentage of Recovery Fees.             Orozco v. Pebble Beach Co., Case No. H044232 (6th Dist. Dec. 14, 2018) (unpublished) demonstrates that lower courts do not have to award percentage of recovery

Class Action: New Amendments To F.R. Civ. P. 23 Became Effective 12/1/18

Cases: Class Actions

Among Others, District Judge Has To Approve Payment Or Consideration To Objectors Or Their Counsel For Withdrawing Objections Or Abandoning Appeals.             Effective December 1, 2018, Federal Rules of Civil Procedure, rule 23 was amended in several respects to clarify notice requirements relating to class action settlements, bulk up “preliminary approval” standards with added clarity,

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