News & Analysis as of

Ninth Circuit Narrowly Upholds Class Settlement In Misclassification Case

We’ve commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards in particular. A recent decision from the Ninth Circuit, although it...more

California District Court Rejects Class Action Settlement Due To Fee, Enhancement, and Other Issues

Do your homework before you seek approval of a class action settlement! Meals on airlines have all but disappeared for anyone other than those in first class, but the company Sky Chefs contends on its website that it...more

End of Battery Class Actions Almost in Sight

On April 22, 2014, the Plaintiff in Poertner v. Gillette Co. moved for final approval of settlement and for attorneys’ fees and costs. The settlement, reached in September 2013, would bring to an end two class actions against...more

Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement

In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a...more

A Million Dollars In Fees For Class Counsel in Wachovia/Wells Fargo Merger Lawsuit

When I first looked at Judge Murphy's (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys' fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was...more

Everyone Gets To See The Evidence: The California Court Of Appeal Rejects an Attorneys’ Fee Award Based On The Trial Court’s In...

In Concepcion v. Amscan Holdings, Inc. et al., — Cal.Rptr.3d —-, 2014 WL 595822 (Cal.App. 2 Dist. Feb. 18, 2014) the California Court of Appeal rejected class counsel’s fee award where class counsel’s billing records were...more

Ninth Circuit Rejects Percentage Method To Determine Attorneys’ Fees In Class Action Settlement

In Collado v. Toyota Motor Sales, U.S.A., Inc., Nos. 11-57013, 11-57023, 11-57030 (9th Cir. Dec. 16, 2013), the Ninth Circuit Court of Appeals reversed a district court’s attorneys’ fees award in a class action settlement...more

Why Did A Federal Court Slash Class Counsel’s Proposed Fee Award In A Zip-Code Class Action By More Than 80 Percent?

Here’s a great formula for becoming a rich plaintiffs’-side class-action lawyer: 1. Copy-and-paste some cookie-cutter complaints alleging technical statutory violations...more

You Can't Always Get What You Want: D. Mass. Awards Small Fraction Of Requested Attorneys' Fees In ZIP Code Class Settlement

In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for work performed in connection with...more

California District Court Rejects FLSA Settlement Due to 78% Fee Award

Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt. One impediment, however, to settlement in many cases is the amount of attorney fees. Particularly in smaller cases, or...more

Consumer Attorneys Target Collection Agencies And Attorneys Over Garnishment Costs

Consumer attorneys in Michigan have recently filed a rash of class action lawsuits against collection agencies, their attorneys, and even creditors under the Fair Debt Collection Practices Act ("FDCPA") and Michigan law over...more

Judge Slashes Attorneys’ Fees and Incentive Awards in Defective Laptop Class Action

In a consumer class action settlement involving allegedly sluggish Acer notebook computers, a Northern California federal judge sua sponte slashed the attorneys’ fees award sought by plaintiffs’ lawyers from the requested...more

Power To The People (Mark), Redux

A federal appeals court recently upheld a $750,000 award to an employer for the attorneys’ fees and expert witness fees it expended defending a frivolous class action brought by the EEOC. EEOC v. Peoplemark, Inc. The EEOC...more

Consumer Class Action Fee Request Slashed By Judge

A Northern California federal judge has significantly slashed attorney fees and hourly rates sought by plaintiffs’ lawyers in a consumer class action. His final order reduced fees down from the requested $2.5 million to...more

Third-Party Funding Gains Traction in Ontario Class Actions

Ontario class counsel are increasingly entering into third-party funding arrangements to hedge against the risks of adverse costs awards. The practice was recently reviewed and summarized by Justice Perell in Bayens v....more

Are Courts Becoming More Willing to Carefully Scrutinize Claims for Fees?

In Ellis v. Toshiba America Information Systems, Inc., C.A. 2nd/1, DAR p. 10497, plaintiffs counsel, after settling a class action, initially requested over $24 million in attorneys' fees. However, the court not only denied...more

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

Food Litigation Newsletter - July 9, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

Round 2 in Dennis v. Kellogg: Class Action Settlements with Cy Pres Relief

The district court in Dennis v. Kellogg recently granted preliminary approval of a revised class action settlement. Kellogg is a class action alleging unjust enrichment, as well as violation of California’s Unfair Competition...more

In re: HP Inkjet Printer Litigation: Ninth Circuit Reverses And Remands Hewlett-Packard Coupon Settlement

In In re: HP Inkjet Printer Litigation, Case No. C05-3580-JF, 2013 WL 1986396 (9th Cir. May 15, 2013), the Ninth Circuit recently held that attorney fee awards in class settlements involving coupons must be “attributable to”...more

HP Inkjet Printer Litigation: Fee Award Fails to Comply With Provisions of the Class Action Fairness Act

In In re: HP Inkjet Printer Litigation, 2013 DJDAR 6149 (2013) the Ninth Circuit Court of Appeals reversed the approval of an attorney's fee award. The Ninth Circuit concluded that the fee award did not comply with the...more

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more

Ninth Circuit Reverses Class Action Coupon Settlement Because Attorneys Were Awarded Fees Based on Hours Worked Rather Than Coupon...

On May 15 a Ninth Circuit panel reversed the district court’s approval of a class action settlement, holding that attorney’s fees awarded in connection with a coupon for the class members must be tied to actual redemption of...more

PK Law Attorneys Successfully Defend Charles County Board Against Multi-Million Dollar Wage and Hour Lawsuit

In a wage and hour class action suit that was filed in Maryland’s federal district court, bus drivers and bus assistants sued under the Fair Labor Standards Act (“FLSA”), 29 U.S. C. Section 201 et seq., for back-pay,...more

California District Court Rejects Proposed Class Action Settlement

It is axiomatic that the class action vehicle exists for the benefit of the claimants. An inherent conflict of interest may arise between the class and plaintiffs’ counsel over the issue of attorney fees, and resolution of...more

29 Results
|
View per page
Page: of 2