Judge Believed Charging Standard Rates For Contract Attorneys Was Not Right. Class counsel in the Bank of America class action litigation was dealing with an investor lawsuit where $51.6 million in fees were being sought in a case producing a $335 million settlement. Class counsel had 42 lawyers working on the case, including
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
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 Russell v. EF International Language Schools, Inc., Case No. B263612 (2d Dist., Div. 1 Oct. 27, 2016) (unpublished) involved a trial judge’s approval of a wage/hour class action settlement, which approval was appealed by several objecting class members (objectors).
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
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
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 In Choi v. Restaino, Case No. B257480 (2d Dist., Div. 3 June 21, 2016) (partially published; fee discussion unpublished), a class of healing cream purchasers sued defendant under the Consumer Legal Remedies Act, among other claims, based on overpaying for creams based on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
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 In Kirk v. First American Title Co., Case No. B257508 (2d Dist., Div. 5 June 22, 2016) (unpublished), plaintiff class representative lost a majority of claims involving title charges, but did win one Insurance Code violation.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
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
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
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
