She Awards 27% Of The Percentage Of Recovery, Lower Than What Class Counsel Wanted But Better Than The Fee Reduction Suggested By A Special Master. In past posts (February 9, 2018 and April 28, 2018 ), we did describe U.S. District Judge Lucy Koh’s frustration with the fee submissions by class counsel in the Anthem […]
Reduction Was Due To Inflated Hourly Rates And Failure To Provide Breakdown Of Fees. Although we are going by public reports of this decision, it is a reminder to be candid in fee submissions and follow a court’s directives to provide allocations/breakdown of fees in fee petition/motion proceedings. Catholic Benefits Association LCA v.
Four Florida Judges Relieved That The Final Chapter Has Come To A Close. This next story is truly a saga stemming out of the Florida “Engle progeny litigation,” as reported in a July 25, 2018 Reuters post by Alison Frankel which we now summarize. The Engle progeny litigation stemmed from a long-ago Florida
Seventh Circuit So Decides, Also Resolving Appealability Issue And Rejecting That An Objector Should Be Awarded Fees. In Birchmeier v. Caribbean Cruise Line, Inc., Nos. 17-1626 et al. (7th Cir. July 24, 2018) (published), the Seventh Circuit was reviewing the propriety of awarding class counsel fees on a “sliding scale” approach by which it
Factual Reasonableness Was Conceded By Defense, And Legal Issue Was Novel Such That Fee Recovery Was Unwarranted. Although we generally post on California cases, readers will notice that we do post on non-California federal cases of interest. Here is one of these cases emanating from the Seventh Circuit Court of Appeals (a federal appellate
District Judge Did Not Have To Adopt Reasonable Fee Award Position Of The Defense, But Could Reduce The Request Even More. USA ex rel. Palmer v C&D Technologies, Inc., No. 17-2350 (3d Cir. July 17, 2018) (precedential/published) involved a False Claims Act relator’s request for $3,113,530.50 in attorney’s fees under a prevailing party fee-shifting
We Thank NALFA For Providing Posts Which We Summarize. We thank the National Association of Legal Fee Analysis (NALFA) for posting on three matters, which we summarize in our own way, which will be of interest to our readers. College Athletes’ Fees/Costs Award in O’Bannon Class Action Against NCAA. In this case,
$900,000 In Attorney’s Fees/Costs And $330,000 In Statutory Damages Awarded In California When Base Dispute Was Over Around $300,000 In Licensing Fees. This post shows that it pays to pay one’s owed licensing fees when there is a fee-shifting section under a statute (in this case, the Copyright Act) or under a licensing agreement
Objections To Report Recently Filed, Although Special Master Disturbed About What He Found. A plaintiff class action in Arkansas Teachers Retirement System v. State Street Bank, No. 11-cv-10230 MLW et al. (D. Mass.) accused State Street of overcharging customers in certain foreign exchange transactions. A $300 million settlement was reached, and U.S. District Judge
Class Counsel Had Asked For $284.4 Million In Requested Fees, With Court Granting $186.5 Million In Fees, Plus Being Able To Add Actual Payments To Foreign Attorneys In Supplemental Expense Request. In In re Petrobras Sec. Litig., No. 14-cv-9662-JSR (S.D.N.Y. June 25, 2018) (Doc. No. 834), U.S. District Judge Jed S. Rakoff granted final
