Blog Archives

When Does a Defendant Have Standing to Challenge an Attorney Fee Award?

The class action has settled.  There is a possibility that a portion of the settlement fund, if otherwise unclaimed, will ultimately revert to the defendant.  Does this possibility give the defendant standing to object to class counsel’s fee award? According

Posted in Uncategorized

Judge Posner’s Scathing Critique of a Proposed Coupon Settlement

The topic of potential self-dealing in class action settlements has been written about extensively.  While class counsel may be fully aligned with the class in seeking to maximize the settlement, their interests diverge sharply when it comes to determining the

Posted in Uncategorized

Sixth Circuit: Diaper Class Action Settlement Needs Changing

A recent Sixth Circuit opinion provides yet another cautionary tale in settling class actions without ensuring that the interests of the unnamed class members are properly served. This time, the settlement would have required absent class members to provide almost

Posted in Uncategorized

Attorney Fees and Coupon Settlements: A Cautionary Tale from the Ninth Circuit

When Congress passed the Class Action Fairness Act of 2005, its primary purpose was to curb perceived abuses of class actions. One of CAFA’s principal targets was the coupon settlement, in which defendants compensate class members through coupons or vouchers

Posted in Uncategorized

When Incentive Payments to Class Representatives Come With Strings Attached

It is not uncommon for class action settlements to include an “incentive award” for class representatives for their service to the class in bringing the lawsuit. Neither is it uncommon for courts to approve such settlements, so long as the

Posted in Uncategorized

Third Circuit: Cy Pres OK, But Don’t Get Carried Away

Late last year, the Ninth Circuit affirmed an expansive use of cy pres remedies in class action settlements, refusing to second-guess either the parties’ selection of a cy pres recipient or the district court’s determination that the use of a

Posted in Uncategorized

Ninth Circuit Approves Facebook Settlement, But Who Benefits?

Three years ago, a class action alleging a violation of privacy rights by Facebook was settled prior to class certification. The settlement provided for no compensation to class members, no injunction against similar conduct by Facebook in the future, and

Posted in Uncategorized

“Mistakes Were Made”: Excessive Rates, Excessive Hours, and Fiduciary Duties in Class Actions

The concept of fiduciary duties has existed since the inception of the legal profession and plays an integral role in class actions. Class counsel serve as both advocates and fiduciaries to members of the class and are charged with acting

Posted in Uncategorized

Settlement of Freelance Author Copyright Suit Stumbles as Second Circuit Requires Subclassing

The protracted copyright infringement class action by freelance writers seeking compensation for pieces published without authorization in various online databases has hit another roadblock. In re Literary Works in Electronic Databases Copyright Litigation involves claims for infringement of works as

Posted in Uncategorized

Parties Reach Significant Class Action Settlement Regarding Claims Against Feeder Funds That Invested in Madoff’s Ponzi Scheme

Last month, parties involved in In Re Tremont Securities Law, State Law and Insurance Litigation sought preliminary court approval of a $100 million settlement that would resolve class action claims against certain investment funds (and numerous affiliated companies and individuals)

Posted in Uncategorized