Class Action: October/November 2016 Issue Of “Practical Law” Contains Discussion About Appealability, Standing, and Review Standards For Class Action Fee Awards

 

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 and apart from the underlying disposition or settlement of the class action.
•    Standing to Appeal – A class member generally has standing to appeal, but must independently satisfy Article III standing requirements.  In a common fund settlement, class members generally have standing to appeal.  Class members might have standing to appeal a fee award if class counsel obtained an excessive fee in exchange for accepting an inadequate class settlement (with the fee award and class recovery considered to be a “constructive” common fund in these situations).  However, if fees are paid by the defendant independently, class members usually lack standing unless there is evidence of collusion.  A class member not participating in the settlement process (not filing a claim) might not have standing to appeal, although an objector can appeal a denial of his own fee claim.  Usually, defendants do not have standing to appeal unless they have to pay fees individually or unless awarded under a statute allowing fees absent an agreement between the parties.  Class counsel generally has standing to appeal the amount (or lack) of a fee award. 
•    Standard of Review—The usual standard of review is for abuse of discretion, including the methodology of the fee award (district judge’s use of the lodestar or a percentage of fund recovery method).

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