Cases: Class Actions

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

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

Scroll to Top