Cases: Class Actions

Class Action/Lodestar: Recent 2017 Article Suggests N.D. Cal. Federal District Judges Are Using Lodestar Rather Than Percentage Of Recovery Fee Methodology In Class Action Mega Settlement Cases

Cases: Class Actions, Cases: Lodestar

Three Federal Judges Opted To Use Lodestar Method In Recent Cases.         National Association of Legal Fee Analysis (NALFA) recently summarized a recent Reuters article suggesting that some federal judges in the Northern District of California have opted to use the lodestar approach to awarding fees, versus the percentage of recovery method, in mega-class actions with […]

Common Fund/Class Action: What Happens When Class Action Fee Recovery Justified Under Both Common Fund And Contractual Fees Clause?

Cases: Class Actions, Cases: Common Fund

  Eighth Circuit Court Of Appeals Gives Us Some Hints—Contractual Fee Recovery First, And Then Equitable Consideration Of Common Fund Recovery.       Although outside of California, we do report on nationwide decisions which may have some impact on attorney’s fees in different substantive areas of the law. McKeage v. TMBC, LLC, 847 F.3d 992 (8th

Class Action/In The News . . . . Federal Judge Approves Hefty Fee For Class Counsel In 2.0 Liter Diesel Emissions Class Action

Cases: Class Actions, In The News

  VW Plant, Wolfsburg, Germany. En.wikipedia. User: HighContrast. Creative Commons licnese.       According to Law360, a California federal judge recently approved $167 million in fees and $8 million in costs to class counsel in the Volkswagen emissions class action, relating to the part of the case which involved 2.0 liter VW diesel cars. Stay tuned,

Class Action: Special Master May Be Appointed In Class Action Where Media And Class Counsel Agreed That Issue Was Presented On Billings For Staff Attorneys

Cases: Class Actions

  $75 Million Was The Tentative Class Counsel Fee Recovery, But $4 Million In Suspect Lodestar Billings Raised A Flag For Further Review.       In Arkansas Teacher Retirement System v. State Street Bank and Trust Co., Case No. 11-cv-10230-MLW (D. Mass. Feb. 6, 2017) (Doc. #117) (Memorandum and Order), a Massachusetts federal district judge issued

Class Action: Objector In Separate Action Claiming Substantial Benefit Entitlement To Fees Denied Fees Because Fee Request Was Untimely And Objector Did Not Substantially Add Value To Class Action Settlement

Cases: Class Actions

  $5 Million Fee Request Snubbed At Both Trial And Appellate Levels.      Credit/Debit Card Tying Cases, Case No. A145891 (1st Dist., Div. 4 Jan. 12, 2017) (unpublished) concerned an objector’s challenge to an award of fees and costs to class counsel in a main action, although objector was involved in a separate, more peripheral

Class Action: October/November 2016 Issue Of “Practical Law” Contains Discussion About Appealability, Standing, and Review Standards For Class Action Fee Awards

Cases: Appealability, Cases: Class Actions

  Article Covers A Gamut Of Class Action Fee Issues.     In the October/November 2016 issue of Practical Law, there is a nice article summarizing a gamut of issues relating to class action fee awards.  Here are the major points made in this article: •    Appealability – Decisions on fee awards may be appealable, separate

Class Action: One-Third Percentage Of Recovery Fee Award To Class Counsel Found No Abuse Of Discretion

Cases: Class Actions

  Trial Judge Properly Approved Class Action Settlement And Attendant Fee Award To Class Counsel.      Russell v. EF International Language Schools, Inc., Case No. B263612 (2d Dist., Div. 1 Oct. 27, 2016) (unpublished) involved a trial judge’s approval of a wage/hour class action settlement, which approval was appealed by several objecting class members (objectors).

Class Action: Sixth Circuit Decision On Whether Counsel Fees Should Be Based On Actual “Claims Made” Results, Parting Company With The Seventh And Other Circuits, Has Certiorari Petition Pending For Action By SCOTUS

Cases: Class Actions

  Split Among Circuits At Issue On Class Counsel Fee Valuation Issue.      In Blackman v. Gascho, 822 F.3d 269 (6th Cir. 2016), a 2-1 panel of the Sixth Circuit Court of Appeals parted company with other federal circuits in awarding class counsel $2.4 million in attorney’s fees even though only $1.6 million in actual

Scroll to Top