News & Analysis as of

Settlement Class Action Attorney's Fees

Kilpatrick

Eighth Circuit enters attorneys’ fee fray in declaring fee award a windfall

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Takeaway: Courts are continuing to take a hard look at class action fee awards, and in In re T-Mobile Customer Data Security Breach Litigation, --- F.4th ----, 2024 WL 3561874 (8th Cir. July 29, 2024), the Eighth Circuit...more

Robinson+Cole Class Actions Insider

Attorneys’ Fees Award in Data Breach Class Action Settlement Reversed by Eighth Circuit

These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’...more

Robinson+Cole Class Actions Insider

Eleventh Circuit Provides New Guidance on Class Action Settlements

Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...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

Foley & Lardner LLP

New Guidance on Attorneys’ Fee Awards in Class Action Settlements

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The Second Circuit and Ninth Circuit recently issued opinions vacating class action settlements, with both courts taking issue with the attorneys’ fees awarded to class counsel. These decisions — Lowery v. Rhapsody Int’l,...more

Womble Bond Dickinson

TCPA Violations Lead to $40 Million Settlement for Real Estate Company

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On April 19, a Florida court preliminarily approved a $40 million class-action settlement by a privately held major real estate company over claims that it violated the Telephone Consumer Protection Act (TCPA). The complaint...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make the Average Person Shake Her Head in Disbelief”

The Ninth Circuit recently struck a blow against plaintiffs’ attorneys’ ability to recover handsome attorney’s fee awards in class action settlements when there is little actual benefit to the class. In Lowery v Rhapsody...more

Goodwin

REMICADE Antitrust Settlement Receives Final Approval

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In 2017, three indirect-purchaser antitrust class actions were filed against Johnson & Johnson and Janssen Biotech, Inc., alleging that they engaged in anticompetitive conduct relating to the sale and marketing of J&J’s...more

ArentFox Schiff

Class Action Year in Review: Courts Continue Close Scrutiny of Class Action Settlements

ArentFox Schiff on

Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more

Faegre Drinker Biddle & Reath LLP

5 Major Drug and Device Developments of 2022

As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more

Holland & Knight LLP

Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

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The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

Foley & Lardner LLP

Please Remain Standing: 11th Circuit Rejects $35 Million GoDaddy Settlement Due to Absent Class Members Lack of Standing

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Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more

McGuireWoods LLP

Fourth Circuit Upholds Class Settlement Despite Absent Class Member’s Objections to Notice, Fees, and Scope of Release

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On a question of first impression in the Fourth Circuit, McAdams v. Robinson, 2022 WL 401806 (4th Cir. Feb. 10, 2022) concluded that absent class members objecting to a magistrate judge’s jurisdiction over settlement are not...more

McGuireWoods LLP

First Circuit Upholds Sanctions Related to Attorney’s Fees

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In Arkansas Teacher Retirement System v. State Street Corporation, — F.4th —-, 2022 WL 391450 (1st Cir. Feb. 9, 2022), the First Circuit Court of Appeals upheld a district court’s sanction of law firm Lieff Cabraser Heimann &...more

Lathrop GPM

The Franchise Memorandum - Issue #271

Lathrop GPM on

Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more

ArentFox Schiff

Discoverability of Retainer Agreements in Class Actions

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Class action defense counsel should not assume that engagement letters and retainer agreements between representative plaintiffs and class counsel are privileged. Under Rule 23’s “adequacy” requirement, these letters can be...more

ArentFox Schiff

Class Action Quarterly Update: Discoverability of Retainer Agreements in Class Actions

ArentFox Schiff on

Class action defense counsel should not assume that engagement letters and retainer agreements between representative plaintiffs and class counsel are privileged. Under Rule 23’s “adequacy” requirement, these letters can be...more

Dechert LLP

Ninth Circuit: Class Action Settlement Not “All Right, All Right, All Right”

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Key Takeaways - The Ninth Circuit holds that, following changes to Rule 23(e), the Bluetooth factors for fairness of pre-certification class action settlements also apply to post-certification settlements....more

Fox Rothschild LLP

Another Security Line Check Case: The Extent Of The De Minimis Rule Explored

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There have been a host of federal cases recently focusing on whether time spent waiting in security lines is compensable. Some have gone for the plaintiffs and others for the employer, as these cases are nuanced and...more

Ervin Cohen & Jessup LLP

Plaintiffs Look To Finalize $13 Million Settlement In Added Sugar Consumer Class Action

Parties in an added-sugar class action pending in the Northern District of California are taking another shot at obtaining preliminary approval of a settlement reached between the parties. The case, Stephen Hadley et al. v....more

Pierce Atwood LLP

Cutting to the Chase: The Relief, the Release, and the Rest.

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Class action settlements are complicated affairs. They can take months or even years to negotiate, followed by months to send notice and obtain trial court approval, and months or years longer if an approval order is...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Raises Fee Award Hurdle in Coupon Class Action Settlements

Ninth Circuit decision prohibits use of lodestar-only methodology to calculate a fee award for class action settlements involving coupons. The decision contemplates coupon class action settlements where coupons are...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

Faegre Drinker Biddle & Reath LLP

A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited

In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...more

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