News & Analysis as of

Lodestar Method

Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible for his or her own attorney’s fees, regardless of the outcome of the action. See...more

Eight-Figure Class Action Attorney Fee Award Dissolves in the Court of Appeals

by Benesch on

There’s something uniquely interesting about judicial opinions involving class action attorneys’ fees. For class counsel, it’s the culmination of years of work. ...more

California Ordered to Immediately Pay Attorneys’ Fees in ‘Targate’ Case

by Zapproved LLC on

United States v. HVI Cat Canyon, Inc., No. 2:11-cv-05097-FMO (PLAx) (C.D. Cal. Apr. 20, 2017). In this case, a plaintiff’s failure to properly issue and confirm legal holds led to the spoliation of evidence and...more

Question: When Is a $3 Million Attorney Fee Award Painful?

by Benesch on

Answer: When your fee request was $25 million higher. And so it was in In Re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, pending in federal court in San Francisco. ...more

How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award

by Benesch on

There are several different stakeholders in class actions. There are the named parties, of course, and the members of the putative class, to the extent plaintiff seeks to sweep them into the lawsuit. ...more

Federal Circuit Review | March 2016

by Knobbe Martens on

Under O2 Micro, a District Court Must Provide a Claim Construction if the Parties Dispute the Meaning of a Claim Term - In Eon Corp. IP Holdings LLC v. Silver Springs Networks, Inc., Appeal No. 2015-1237, the Federal...more

Attorneys’ Fee Award Cannot Be Enhanced to Deter Misconduct (Lumen View Technology, LLC v. Findthebest.com, Inc.)

by McDermott Will & Emery on

Addressing whether deterrence can play a role in an attorneys’ fee award under § 285, the U.S. Court of Appeals for the Federal Circuit held that once a case is deemed exceptional, § 285 only authorizes an award of reasonable...more

Lodestar Methodology for Determining Reasonable Attorney Fees is Rejected

by Charles (Chuck) Rubin on

Fla.Stats. §736.0708(1) tells us that unless the trust agreement says different, "a trustee is entitled to compensation that is reasonable under the circumstances." The statutes do not tell us how to compute what is...more

California Tax Developments - A Reed Smith Quarterly Update (2nd Quarter 2015)

by Reed Smith on

Case Updates - BREAKING NEWS: Gillette Oral Arguments Scheduled - The California Supreme Court has scheduled oral arguments in the Gillette Multistate Tax Compact case. This comes three years after the California...more

Seventh Circuit Affirms Approval of Class Action Coupon Settlement Despite “Clear Sailing” and “Kicker” Clauses and Potential...

by Carlton Fields on

The Seventh Circuit affirmed a class action coupon settlement involving “clear sailing” and “kicker” clauses and a fee award based on the lodestar analysis rather than the value of the redeemed coupons, and notwithstanding a...more

Seventh Circuit Provides Guidance On Fairness Of Class Action Settlement Agreements And Fee Awards

by Seyfarth Shaw LLP on

In In Re Southwest Airlines Voucher Litigation, Case No. 13-3264 (7th Cir. Aug. 20, 2015), the U.S. Court of Appeals for the Seventh Circuit upheld a fee award to class counsel in a class action that resulted in a “coupon...more

How Entrepreneurial Are Entrepreneurial Class Actions?

by McGuireWoods LLP on

Plaintiffs’ lawyer-turned-professor Morris Ratner has published a new article on making litigation costs a profit center for class action plaintiffs. You may remember he wrote about this issue before with Professor William...more

Court Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action

by Seyfarth Shaw LLP on

As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...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

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

by Pierce Atwood LLP on

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

District Courts "Must Show Their Work" and Provide Detailed Figures when Deciding Fee Awards

by Hinshaw & Culbertson LLP on

In Padgett v. Loventhal, U.S.C.A. 9th, DAR p. 1933 (Feb. 11, 2013), the Ninth Circuit Court of Appeals decided District Courts must explain how they reduce requests for fees and costs from partially victorious plaintiffs. ...more

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