Cases: Common Fund

Class Action/Common Fund: Reasoning By N.D. California District Judge Might Aid State Court Practitioners Arguing Percentage Of Fund, Rather Than Lodestar, Should Be The Approach In Common Fund Cases Even At The State Level

Cases: Class Actions, Cases: Common Fund

  Around $13.25 Million, 25% Of $53 Million Settlement Fund (After Deducting Class Action Administration Expenses), Is Awarded To Class Counsel.      Generally, California uses the lodestar as the fee-setting approach in the class action context, “cross-checked” by the percentage of recovery approach. However, reasoning by U.S. District Judge Richard Seeborg in his fee award

Class Action: Seventh Circuit Decision in Silverman Packed Full Of Things For Everyone – Class Counsel, Objectors, Op-Ed Pieces, Public Discussion In General

Cases: Class Actions, Cases: Common Fund

  Ultimately, 27.5% Common Fund Fee Recovery Affirmed, But … With Caveats.      Chief Judge Easterbrook, one of the “Chicago School” jurists, authored an interesting decision on August 14, 2013 in Silverman v. Motorola Solutions, Inc., 2013 WL 4082893 (3d Cir. Aug. 14, 2013). We will be curious who thinks this cuts one way or

Common Fund/Probate: Grandson’s Successful Petition Increasing Trust Assets Justified Common Fund Reimbursement Of His Attorney’s Fees

Cases: Common Fund, Cases: Probate

  However, Matter Remanded Because His Estimate of Fees Did Not Satisfy Percentage of Benefit or Lodestar Analyses.      The appellate court in Johnson v. Johnson, Case No. B242770 (2d Dist., Div. 2 Jan. 31, 2013) (unpublished) agreed that grandson was entitled to recoup his attorney’s fees under a common fund theory when he successfully

Allocation/Class Actions/Common Fund/Private Attorney General/Paralegal Time: Court Of Appeal Finds Plaintiffs/Defendant Allocation Of Attorney’s Fees In Common Fund Case Was Fair, But Reverses Refusal To Award For Certain Attorney/Paralegal Time

Cases: Class Actions, Cases: Common Fund, Cases: Paralegal Time, Cases: Private Attorney General (CCP 1021.5)

  Remand to Determine What Portion of Attorney and Paralegal Time Was “Administrative” in Nature.      Collins v. City of Los Angeles, Case No. B228882 (2d Dist., Div. 3 Apr. 20, 2012) (certified for publication) is a class action case where two class representatives on behalf of a class obtained a judgment-based common fund recovery

Common Fund/Multipliers: Recent Vioxx Products Liability Decision Has “Must Reading” Discussion of Common Fund Theory

Cases: Common Fund, Cases: Lodestar, Cases: Multipliers

  Case Discusses It in Class Action and MDL Complex Litigation Contexts, Also Indicating Perdue Decision Did Not Apply to Using Lodestar as Check on Percentage of Recovery Fee Award.      For those practitioners dealing with cases where a common fund is created (from which fee awards are frequently sought), we came across a case

Class Action/Common Fund: Appellate Court Reverses Attorney’s Fees Award In Class Action Where Defendant May Be Insolvent

Cases: Class Actions, Cases: Common Fund

  Setting Fees Under Wage/Hour Statutes Different From Collectibility of Fees, Remand to Award Fees Under Common Fund Doctrine With Directions.      Barboza v. West Coast Digital GSM, Inc., Case No. B227692 (2d Dist., Div. 4 Mar. 24, 2011) (unpublished) has a tortured history, with this being the fourth appeal–with many of the past ones

Private Attorney General Statute: Appellate Court Affirms Denial Of Attorney’s Fees To Petitioner Winning An Auditing Reallocation of Oakland Measure Y Funds

Cases: Common Fund, Cases: Private Attorney General (CCP 1021.5)

Neither Private Attorney General or Common Fund Doctrines Justified Fee Award.       Sacks v. City of Oakland, Case Nos. A126781/A126817 (1st Dist., Div. 1 Dec. 10, 2010) (certified for partial publication; fee discussion not published) involved a petitioner who, at the trial court level, won a mandate writ regarding the allocation and use of tax

Equity: Common Fund Debate . . . . Lodestar Or Percentage Of Recovery . . . . U.S. District Court Opts For Lodestar

Cases: Class Actions, Cases: Common Fund, Cases: Equity, Cases: Lodestar

USDJ Chooses Lodestar in Wage/Hour Class Action Fee Recovery Settlement.      Our friend and fellow blogger H. Scott Leviant has reported on Anderson v. Nextel Retail Stores in his June 30, 2010 post at The Complex Litigator website.      There, U.S. District Judge Stephen Wilson, in a common fund wage/hour class action settlement, chose the

Shareholders Denied Award Of Attorney’s Fees In Derivative Action Because Results Only Personally Benefited the Shareholders

Cases: Common Fund, Cases: Equity

Third District Find That Common Fund/Substantial Benefit Doctrines Were Inapplicable.             Under the equitable “common fund” or “substantial benefit” doctrines, a shareholder who successfully pursues a derivative action that establishes a common fund or a substantial benefit to the corporation may look to the corporation to reimburse the shareholder for the costs

Appealing Daughter Living Outside The States Must Pay A Portion Of Attorney’s Fees Attributable To Obtaining A Wrongful Death Settlement

Cases: Common Fund

First District, Division Three Affirms a Lower Court’s Allocation of Fees Between Recipient Heirs From a Common Fund.             Settlement of wrongful death actions generally results in the creation of a common fund of proceeds to be divided up among the various heirs.  The trial court determines how to allocate the settlement

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