Cases: Class Actions

Class Action: Attorneys’ Failure To Disclose Separate Settlement For Fee Recovery With Defendant W/O Court Approval Gave Lower Court Exclusive Concurrent Jurisdiction To Order Disgorgement Of $5M Court-Escrowed Fees To Class Members Rather Than Attys.

Cases: Class Actions

Class Action Fiduciary Duties and Court’s Continuing Equitable Authority To Do Justice Justified The Lower Court’s Decision To Award Attorneys Nothing.             Lofton v. Wells Fargo Home Mortgage, Case No. A146282 (1st Dist., Div. 3 Sept. 28, 2018) (published) is a stark reminder to attorneys that trial courts have broad jurisdiction to administer justice and […]

Class Action: Seventh Circuit Court Of Appeals Determines, Unless Settlement Agreement Has A Bar, Settlement Agreement Should Not Be Read To Bar Objectors From Requesting Fees For Adding Value To Settlement Based On Equitable And Common Fund Principles

Cases: Class Actions

Federal Appeals Court Ordered An End To The Litigation, With Class Counsel To Pay Objector’s Fees Adding Value To Class Settlement.             We like the near conclusion to the next federal circuit court case we post on: “Despite our remand [ordering a class objector’s fees paid from class counsel fee recovery], our message is clear:

Class Action, Private Attorney General: $100,000 CCP § 1021.5 Fee Award To Two Plaintiffs’ Counsel In Foreign Driver’s Case With Limited Success Affirmed On Appeal

Cases: Class Actions, Cases: Private Attorney General (CCP 1021.5)

Plaintiffs Sought $1.7 Million (Inclusive Of Multiplier), But Went Home With Much Less.             Sancandi v. City of Los Angeles, Case No. B268839 (2d Dist., Div. 7 July 31, 2018) (unpublished) is a case which illustrates the principles that limited success in a non-certified class action, combined with an inflated request by the marginally-winning two

Class Action, Common Fund: Seventh Circuit Determines That “Up To” Dollar Amount Does Not Create Common Fund Such That District Court Can Base Fee Recovery On Claims Actually Made

Cases: Class Actions, Cases: Common Fund

Case May Suggest Drafting Tips For Class Counsel But Might Signal A More Ominous Trend, Although Facts Limited To Quick Settlement Achieved After A “Paucity Of Effort.”             Although a federal case, class action practitioners involving smaller settlements resultant from little work may need to pay attention to the reasoning of Camp Drug Store, Inc.

Appealability, Class Action: Class Representative’s Appeal Of Fee Award Against Her Counsel Was Dismissed

Cases: Appealability, Cases: Class Actions

Class Representative Was Not Aggrieved To Have Standing To Appeal.             A class representative in a misclassification wage/hour class action appealed a fee award against one of her attorneys. The appeal was dismissed because the class representative was not aggrieved, with the impacted attorney not appealing so as to preserve the issue for review.   The

Class Action: Ninth Circuit Affirms VW “Clean Diesel” Settlement Approval, Addressing Whether Reversion Provision Showed Possible Collusion Between Defense/Class Counsel And Whether Timing Of The Fee Motion Was Fair To Class Members/Objectors

Cases: Class Actions

VW’s Exemplary Performance Of Settlement Terms And District Court’s Allowing Six Weeks For Fee Motion Challenges Were Big Factors Leading To Affirmance.             Volkswagen reached a settlement in a class action where it admitted installing “defeat devices” in certain 2.0-liter diesel cars. Under the terms of the settlement (brokered by settlement master Robert Mueller, now

Class Action: N.D. Cal. District Judge Approves $45 Million In Fees/Costs To Class Counsel In Antitrust Lithium Ion Battery Class Action

Cases: Class Actions

$139.3 Million Was The Settlement “Package” Amount.              On May 8, 2018, U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California, in In re Lithium Ion Batteries Antitrust Litig., Case No. 13-md-02420-YGR (MDL No. 2420) (N.D. Cal.), approved an award of fees and costs to class counsel in the amount of about $45 million

Class Action:  N.D. California District Judge Trims Class Action Counsel Payout In Fitbit Heart Rate Tracker Investor Lawsuit

Cases: Class Actions

25% Percentage Of Recovery Too Rich For This Case, Plus District Judge Earlier Required More Detail On Expenses.             Federal district judges are the ultimate gatekeepers on class action settlements, making sure that any settlements are fair to the class and class counsel fees are reasonable in nature.             Fitbit was sued in a class

Cases Under Review/Class Actions:  SCOTUS Grants Certiorari To Decide Whether Class Settlement Where $8.5 Million Was To Be Divided By Class Counsel And Cy Pres Recipients Was Fair In Nature

Cases: Cases Under Review, Cases: Class Actions

Certiorari Granted On April 30, 2018.             In Frank v. Gaos, No. 17-961 (U.S. Supreme Court), certiorari was sought by objectors to a class action settlement in a plaintiff class action against Google for alleged federal privacy violations over its search engine.  The settlement provided that nothing would go to class members, but $8.5 million

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