Yes, you read that right. Class action litigation is fueled largely by the availability of often large attorney fee awards. ...more
Attorney fee awards are a major driver of class action litigation – both in the employment and other contexts. How they are awarded, and what is “reasonable” has been an ongoing source of contention in many cases. A recent...more
Why, no, a plaintiff can’t eat his cake and have it, too - It is often the case that plaintiffs who cannot proceed as a class will settle their individual claims....more
We wrote last May about the court’s rejection of a $1.75 million settlement in Cruz v. Sky Chefs, Inc., Case No. C-12-02705 DMR (N.D. Cal. 2014) [May 27, 2014]. The court’s decision related to the settlement of...more
Pigs get fat and hogs get slaughtered, so the saying goes. As we’ve noted before on Oct. 7, June 5, and Dec. 18, courts are starting to examine attorney fee awards in class action settlements much more closely, and the...more
As we’ve commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult discovery and case management issues, and are subject to surprises for all the...more
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
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
Large incentive awards continue to jeopardize class action settlements. We wrote on February 14 about recent cases in which Circuit Courts rejected settlements due to disproportionate incentive awards. A recent case from the...more
A common feature of class action settlements, whether in employment actions or otherwise, is the payment of an incentive award to the named plaintiff. Such payments are frequently approved by courts, but have been criticized...more
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
Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more
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