Cases: Class Actions

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  #1: Choi v. Mario Badescu Skin Care, Case No. B257480 (2d Dist., Div. 3 Apr. 29, 2016) (Unpublished).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

Reasonableness Of Fees 3-Fer: Fee Recovery Sustained In Landlord-Tenant, Family Law, And Appeal/Class Action Cases Based On Waiver, Failure To Provide Adequate Record, And Failure To Beat Abuse Of Discretion Standard On Amounts Awarded

Cases: Class Actions, Cases: Reasonableness of Fees, Cases: Record, Cases: Standard of Review

  Landlord/Tenant:  Sevier v. Ghannoura, Case No. B259542 (2d Dist., Div. 4 Mar. 22, 2016) (Unpublished).     Tenant won compensatory damages of $21,865 against landlords for illegal entry into common areas of a rental apartment without proper notice.  There was a fees clause, requiring mediation as a condition precedent, but tenant satisfied that by requesting

Class Action: Second Circuit Court Of Appeals Reverses And Remands Fee Denial To Non-Lead Counsel After Appointment Of Lead Class Counsel Where Lead Counsel Supported Non-Lead Counsel’s Request For Fee Recovery

Cases: Class Actions

  Over $3.4 Million in Fees At Stake.      Flanagan, Lieberman, Hoffman & Swaim v. Ohio Public Employees Retirement System (In re Bank of America Corp.), No. 13-2919 (2d Cir. Mar. 17, 2016) (published) involved a non-lead counsel in a federal class action securities case who failed to file a notice of appearance but did

In The News . . . . ADA Class Action Settlement With City Of Los Angeles Gains Preliminary Approval

Cases: Civil Rights, Cases: Class Actions, In The News

  $1.367 Million Expenditures Over Thirty Years On Public Areas, With $13.3 Million In Fees And $1.7 Million To Class Counsel.     On February 9, 2016, U.S. District Judge Consuelo B. Marshall of the Central District of California gave preliminary approval to a substantial American with Disabilities Act class action settlement by which the City

In The News . . . . Antitrust Class Action Attorneys Reap $38.2 Million In Cathode Ray Tube Litigation

Cases: Class Actions, In The News

  30% of Recovery Was Fair.       Based on general news reports, class action counsel in Cathode Ray Tube Antitrust Litig., No. 3:07-cv-05944 (N.D. Cal.) were awarded $38.2 million in attorney’s fees in settlement of an antitrust class action involving allegations of a price-fixing conspiracy for cathode ray tubes. The fee award was around 30%

Class Action: District Court’s 30% Reduction From Lodestar And 50% Cut From Requested Fees Remanded Where No Detailed Explanation For Cut Provided

Cases: Class Actions

  “Entirely Impressionistic Reasoning Offered By District Court” Did Not Suffice.     A securities class action litigated over 2 years and involving many defendants in China was globally settled for $3.78 million.  Class counsel then sought 25% of the common fund, or a fee award of $944,583.  The district judge, however, used the lodestar analysis—which

Class Action/Lodestar: N.D. Ill. District Judge Provides Some Nice Clues On What To Claim Under Lodestar Analysis In Class Action Fee Request

Cases: Class Actions, Cases: Lodestar

  Lodestar Was The Methodology In Statutory Fee-Shifting Matter.      Chief Judge Ruben Castillo of the U.S. District Court, Northern District of Illinois, has provided a nice discussion and clues of what to include in a lodestar request in an attorney’s fees motion in a class action arising under a fee-shifting statute, namely, the Magnuson-Moss

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