Cases: Class Actions

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 […]

Class Action/Common Fund: Percentage Fee Approach For Class Fee Recovery Is Reasonable In True Common Fund Cases

Cases: Class Actions, Cases: Common Fund

Lodestar Check Or Other Means Can Be Used To “Cross Check” Reasonableness of Percentage Fee Numbers Chosen By The Trial Judge In Common Fund Cases.      In a much awaited decision, the California Supreme Court in Laffitte v. Robert Half International Inc., Case No. S222996 (Cal. Supreme Court Aug. 11, 2016) gave trial judges considerable

Class Action: $864,342 Fee Award In Healing Cream Consumer Class Action Affirmed As Reasonable In Coupon Settlement Valued At A Total $2.4 Million

Cases: Class Actions

  72% Of Fee Request Approved Under Clear Sailing Provision.     In Choi v. Restaino, Case No. B257480 (2d Dist., Div. 3 June 21, 2016) (partially published; fee discussion unpublished), a class of healing cream purchasers sued defendant under the Consumer Legal Remedies Act, among other claims, based on overpaying for creams based on inadequate

Class Action/Costs: 25% Allocated Routine Costs Award To Partially Prevailing Class Representative Plaintiff Affirmed On Appeal

Cases: Class Actions, Cases: Costs

  Both Sides Appealed, But No Difference.     In Kirk v. First American Title Co., Case No. B257508 (2d Dist., Div. 5 June 22, 2016) (unpublished), plaintiff class representative lost a majority of claims involving title charges, but did win one Insurance Code violation.  The lower court awarded costs to plaintiff under the routine costs

Class Actions: Illinois Appellate Court In Telephone Consumer Protection Act Class Actions Suggests Fee Recoveries Will Have To Await Determination Of Benefits Received By Class

Cases: Class Actions

  Some Commentators Suggest This Is Death Knell Of TCPA Class Actions.     In the last few years, “junk fax” class actions apparently have proliferated under the Telephone Consumer Protection Act (TCPA).  This proliferation has irked the Illinois Court of Appeal, First Judicial District, prompting some reasoning which class action lawyers likely will deplore in

Class Action: Sixth Circuit Court Of Appeals, In 2-1 Published Decision, Approves $2.39 Million In Fees To Class Counsel

Cases: Class Actions

  Majority And Concurring Opinions Have Interesting Discussions On Valuing Settlement Benefit Of Class, Degree Of Fee Substantiation Necessary, And Propriety Of “Clear Sailing” And “Kicker” Settlement Provisions.      A recent decision from the Sixth Circuit, Gascho v. Global Fitness Holdings, LLC, No. 14-3761/3798 (6th Cir. May 13, 2016) (published), is an interesting one for

Class Action: Nonparticipating Class Member Objector Has No Standing To Appeal Fee Award To Class Counsel And 70% Reduction In Class Counsel Fee Request Remanded For Better Articulation Of Haircuts

Cases: Class Actions

  Ninth Circuit Even Takes Unusual Step Of Assigning To A Different District Judge On Remand.     Stetson v. Grissom, Case Nos. 13-57061/13-57159 (9th Cir. May 11, 2016) (published) is a case where a nonparticipating class member objector challenged an award of fees to Class Counsel and appealed the district judge’s failure to award fees

Class Action Two-Fer: Class Counsel Fee Recovery Affirmed In Face Cream Class Action And Plaintiff Class Action Representative Suffers Adverse Fee Award Under The Consumers Legal Remedies Act For Bad Faith Prosecution

Cases: Class Actions, Cases: Consumer Statutes

  #1: Choi v. Mario Badescu Skin Care, Case No. B257480 (2d Dist., Div. 3 Apr. 29, 2016) (Unpublished).      Caption: “Testing cosmetics. Washington D.C. July 10, 1937. The department of Agriculture is making tests everyday in order to get cosmetics under the Pure Food and Drug Act, Mrs. C.W. West seated is helping Mrs.

Class Action/Substantiation Of Reasonableness Of Fees: Class Counsel’s $2.3 Million Fee Award Reversed, With Class Counsel Ordered To Produce Redacted Timesheets To Defense For Review At District Court Level

Cases: Class Actions, Cases: Substantiation of Reasonableness of Fees

  District Judge Erred In Basing Fee Award Upon Only In Camera Review Of Timesheets Never Provided To The Defense.     Although occurring in a class action setting, this next case may have broader due process implications for cases in other areas of the law.  Time will tell on this prediction.     In Yamada v.

Settlement: Ninth And Third Circuits Determine That Unaccepted Rule 68 Offers Do Not “Pick Off” Class Actions

Cases: Class Actions, Cases: Settlement

  Ninth Circuit Holds That Class Representative Must Have Opportunity To Show Certification Warranted.     On January 29, 2016, we posted on the U.S. Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, 136 S.Ct. 163 (2016), which held that F.R.Civ.P. 68 unaccepted offers do not moot either an individual or a class action matter (usually

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