Class Action: One-Third Percentage Of Recovery Fee Award To Class Counsel Found No Abuse Of Discretion

 

Trial Judge Properly Approved Class Action Settlement And Attendant Fee Award To Class Counsel.

     Russell v. EF International Language Schools, Inc., Case No. B263612 (2d Dist., Div. 1 Oct. 27, 2016) (unpublished) involved a trial judge’s approval of a wage/hour class action settlement, which approval was appealed by several objecting class members (objectors). The total settlement was for $575,000, with 67% of the class members submitting claims for recovery. The lower court awarded one-third of the settlement value, or $191,666.67, in fees to class counsel. Objectors claimed that using the percentage of recovery method was an abuse of discretion, but the 2/1 DCA observed that use of this type of methodology was expressly validated by the California Supreme Court in its recent decision of Laffitte v. Robert Half International Inc., 1 Cal.5th 480, 503 (2016) [discussed in our August 15, 2016 post].

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