News & Analysis as of

Litigation Fees & Costs Class Action

Bennett Jones LLP

Superior Court of Quebec Warns of the Risks of Making Settlement Approval Contingent on Approval of Class Counsel Fees

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In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more

BCLP

The winding road ahead: navigating representative proceedings in the High Court

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With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

Carlton Fields

[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

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Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house...more

Troutman Pepper

Attorneys Collect $23.3M Payday in EDVA Antitrust Settlement

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On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully...more

BCLP

Mass Settlements from a U.S. Perspective

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As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more

Jones Day

JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

BCLP

Counting the costs of certification: the allocation of costs in collective proceedings

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Costs matter - in collective proceedings, where costs can be staggeringly high at the certification stage alone, costs allocation can be an important factor influencing parties’ litigation conduct. However, costs...more

Carlton Fields

[Webinar] 2023 Class Action Survey Results - April 11th, 12:00 pm - 1:00 pm ET

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The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more

Conn Kavanaugh

Increased Litigation Regarding Food and Beverage Product Labeling Creates Risk for Manufacturers

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In recent years, class action litigation concerning the labeling of food and beverage products has become increasingly prevalent around the country. According to one report, as of November 2021, class-action lawsuits against...more

Akin Gump Strauss Hauer & Feld LLP

Despite Its Allure, Litigation Funding Is Just ‘The Cost of Doing Business’ for Class Counsel

A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more

Jones Day

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

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The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Jones Day

'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

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The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their...more

Proskauer - Minding Your Business

Is Your Class Action Settlement Reasonable? A Look Inside the Court’s Approval of the Yahoo! Data Breach Settlement May Shed Some...

A federal court recently issued a decision approving a class action settlement resolving litigation stemming from five Yahoo! data breaches that occurred from 2012 to 2016 and affected at least 194 million Yahoo! customers....more

JAMS

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

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On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more

Pierce Atwood LLP

Are Incentive Payments the New Fly in the Ointment?

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For years, class action settlements typically have included incentive payments to named plaintiffs. The payments usually represent a very small percentage of the overall settlement payout, and are designed to compensate named...more

McGuireWoods LLP

Eleventh Circuit Panel Finds Class Action Incentive Payment Improper

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On September 17, 2020, in a potentially groundbreaking decision that could have huge implications for the future of class actions, a split panel of the Eleventh Circuit held that incentive payments given to a named plaintiff...more

Bradley Arant Boult Cummings LLP

The Little Tucker Act Is Alive and Well

Most government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 3-7): Will Pacer Downloads Become Free? (Spoiler: Nope)

Last week was Court week, and some of the Rule 36s in argued cases have already come down. Below we give our usual week’s statistics and case of the week—our highly subjective selection based on whatever case piqued our...more

Akin Gump Strauss Hauer & Feld LLP

It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs’ Ability to Appeal Orders Denying Class Certification

- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more

Pillsbury Winthrop Shaw Pittman LLP

Consumer Class Actions in the Wake of COVID-19

One month into the declaration of a national emergency, the flood of coronavirus-related consumer class action litigation can be grouped into several distinct categories. Consumer class action suits to date have primarily...more

Robinson+Cole Class Actions Insider

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more

McDermott Will & Emery

Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share

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Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for...more

Proskauer - Minding Your Business

Is Increased Transparency into Litigation Financing on the Horizon?

The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of...more

Jones Day

Australian Court of Appeal Endorses Stay of Competing Class Actions

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The Background: The competing class actions, particularly in relation to shareholder claims, have increased in Australia due to the incentives in the Australian legal market, namely minimal regulation of litigation funding...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

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