Cases: Class Actions

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 […]

Class Action/Costs/Section 998:  CSU Student Class Representatives Properly Assessed With Some Mandatory Costs After Class Action Loss Under CCP § 998, But Denial Of Expert Witness Fees To Defense Was Proper Given The Differences In Damages Among Subcla

Cases: Class Actions, Cases: Costs, Cases: Section 998

End Result Was Four Class Representatives Were Hit With Routine Costs Of $123,134.94.             Class action practitioners should read this next post on how CCP § 998 costs shifting can result in routine costs exposure to class representatives, especially where “pocketbook” financial evidence is not properly presented.             In Keller v. Bd. of Trustees, Cal.

Class Action:  N.D. California District Judge Appoints Special Master To Review Fee Requests By 331 Billers From 53 Law Firms In Anthem Data Breach Class Action Settlement

Cases: Class Actions

Class Attorneys Seeking $37.95 In Fees, 33% Of The $115 Million Settlement Fund.             U.S. District Judge Lucy H. Koh of the Northern District of California recently issued an order in In re Anthem, Inc. Data Breach Litig., Case No. 15-MD-02617-LHK (N.D. Cal. Feb 2, 2018, Doc. 972) by which she appointed a special master

Class Action:  Hyundai Fuel Efficiency Class Action Settlement Remanded For Class Settlement Reconsideration, Including Fee Award

Cases: Class Actions

Ninth Circuit Also Gives Some Clues Relating To Approved Fee Settlement On Remand, In 2-1 Decision.             The Ninth Circuit, in In re Hyundai & Kia Fuel Economy Litig., Case Nos. 15-56014 et al. (9th Cir. Jan. 23, 2018) (published), faced an appeal of a class action settlement in the Hyundai fuel efficiency litigation.  Among

Class Action:  Plaintiff’s Class Action Specialist Offers Tips On Presenting Fee Petitions In Class Actions

Cases: Class Actions

David J. Goldsmith Does So In An Article Published In The December 2017/January 2018 Practical Law—The Journal.             In the December 2017/January 2018 edition of Practical Law – The Journal (published by West), David J. Goldsmith, partner at Labaton Sucharow LLP and a plaintiff class action specialist, has written an article on class action settlement

Class Action:  N.D. Cal. District Judge Approves NCAA/Student-Athlete Scholarship Class Action, Awarding About $45 Million In Fees, Costs, And Expenses To Class Counsel

Cases: Class Actions

Total Settlement Value Was $209 Million.             On Friday, November 17, 2017, U.S. District  Judge Claudia Wilken of the Northern District of California gave final approval to the settlement reached in a class action involving the NCAA, 11 athletic conferences, and certain student-athletes over alleged anti-competitive caps on student scholarships.  Class counsel was awarded about

Class Action, Common Fund, Employment, Lodestar, Multiplier:  N.D. Cal. District Judge Ilston Awards Wage/Hour Class Action Counsel $15,200,002.90 In Hybrid Statutory Fee/Common Fund Case Against Wal-Mart

Cases: Class Actions, Cases: Common Fund, Cases: Employment, Cases: Lodestar, Cases: Multipliers

District Judge Confronts Multiple Issues In Reaching Fee Award.             U.S. District Judge Susan Ilston in Ridgeway v. Wal-Mart Stores, Inc., Case No. 08-cv-05221-SI (N.D. Cal. Sept. 14, 2017 Doc. #606) confronted numerous issues in deciding the appropriate award to class counsel in a truck driver employee class action case against Wal-Mart for wage hour

Class Action:  Seventh Circuit Reverses Fee Award In Subway Footlong Sandwich Class Action 

Cases: Class Actions

Appellate Court Found Class Benefits Worthless, Meaning Case Should Have Been Dismissed Early On–$520,000 In Fees Go POOF! Library of Congress.  Wm. C. Greene, photographer.  1946         In In re Subway Footlong Sandwich Marketing and Sales Practice Litig., MDL No. 13-02439 (7th Cir. Aug. 25, 2017), a lower court had approved a settlement over an objector’s

CLASS ACTION:  $2.125 Million Fee Award To Class Counsel In Cy Pres-Only Settlement Was Proper

Cases: Class Actions

Award Was 25% Of Settlement Fund, Cross-Checked By Lodestar Totaling Ultimate Award.             In re Google Referrer Header Privacy Litig., No. 15-15858 (9th Cir. Aug. 22, 2017) (published) is a case involving approval of a class action settlement involving a cy-press only settlement with respect to Internet privacy claims.  There was a $8.5 million settlement

Class Action:  Seventh Circuit Court Of Appeals, In A Posner-Authored Decision, Reverses Class Counsel Fee Award To Lodestar Found Reasonable

Cases: Class Actions

Nixes A 1.75 Positive Multiplier Based On Complexity And Class “Return.             Just to show you that class action fee awards are coming under increased appellate scrutiny, Circuit Judge Posner’s decision in In re Sears, Roebuck and Co. Front-Loading Washer Products Liability Litig., No. 16-3554 (7th Cir. Aug. 14, 2017) (published) on behalf of a

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