Cases: Class Actions

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  Landlord/Tenant:  Sevier v. Ghannoura, Case No. B259542 (2d Dist., Div. 4 Mar. 22, 2016) (Unpublished).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

In The News . . . . Class Counsel Garners $74 Million Fees/Costs In JP Morgan Chase Mortgage-Backed Securities Settlement And Eleventh Circuit Decision Holds Percentage-Of-Fund Analysis Applies To Claims-Made Class Action Settlement Regardless Of Actual P

Cases: Class Actions, Cases: Common Fund, In The News

  Class Counsel Asked For $100.8 Million In Fees/Expenses But Were Awarded “Only” $74 Million.     On December 4, 2015, a New York federal district judge awarded class counsel in the JP Morgan Chase mortgage-backed securities class action about $74 million in fees and costs based on a $388 million settlement.  This was less than

Scroll to Top