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,
However, Lower Court Did Properly Award Voluntary Mediation Expenses And Expert Fees Incurred By The Class After Rejection Of A CCP § 998 Offer. In Diaz v. Grill Concepts Service, Inc., Case No. B284146 (2d Dist., Div. 2 Oct. 19, 2018) (unpublished), former restaurant employees of a Daily Grill brought a class action for
They Lacked Standing, Federal Court Of Appeals Rules. In Roselle, et al. v. Berger & Montague, P.C., Case No. 17-1328 (10th Cir. Oct. 11, 2018) (nonprecedential), the Tenth Circuit dismissed an appeal by three attorney-employees of the now-defunct law firm of Waite, Schneider, Bayless & Chesley (WSBC) seeking personal compensation for work in a
CAFA Coupon Feature Needed To Be Analyzed. In re EasySaver Rewards Litig., No. 16-56307 (9th Cir. Oct. 3, 2018) (published) involved a $12.5 million approved settlement by which “credits” would be provided by the defendant for a limited list of products, with $8.7 million allocated as fees to class counsel and $3.5 million available
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
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:
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 Sancandi v. City of Los Angeles, Case No. B268839 (2d Dist., Div. 7 July 31, 2018) (unpublished) is a case which illustrates the principles that limited success in a non-certified class action, combined with an inflated request by the marginally-winning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
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.
2-1 Circuit Decision Going For A Larger Viewing, Including Fee Relook Decision. On January 24, 2018, we posted on In re Hyundai & Kia Fuel Economy Litig., No. 15-56014 et al., where the Ninth Circuit had a 2-1 split over awarding class counsel $8.9 million in fees even though some merits determinations were involved.
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
