This would provide a much - needed measure of predictability in
the approval of class counsel's legal fees and would avoid all of the mind - numbing bluster about the time - value of work done or the risks incurred.
Not exact matches
[127] Professor Piché in her text Fairness in
Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class mem
Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement
approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood
of recovery, or likelihood
of success on the merits weighed against amount and form
of settlement relief; (2) future expense, complexity and likely duration
of litigation; (3)
class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class mem
class reaction: number and nature
of objections; (4) recommendations and experience
of counsel and opinion
of interested persons; (5) adequacy
of representation: good faith and absence
of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy
of notice
of proposed settlement to absent
class mem
class members.
Class counsel will also be seeking
approval for the payment
of their legal fees and disbursements from the settlement fund, in accordance with the terms
of their retainer agreement with the representative plaintiff.
Recently acted as lead
counsel in defending several
of the nation's largest retailers in consumer
class actions across the country challenging the efficacy
of a popular nutritional supplement; obtained court
approval of a global settlement
of less than $ 3 million (including attorneys» fees and notice costs).
Under the contingency fee agreement,
Class counsel are to be paid a contingency fee
of 33 1/3 %
of the amount recovered in the
Class Action, but that amount remains subject to the
approval of the court before it can be paid.
Class counsel were listed as Scott Powell, John Haley, Ralph Cook, Bruce McKee, Brian Vines and Tempe Smith
of Hare Wynn Newell & Newton LLP, John Somerville
of Somerville LLC and Tim Francis
of Francis Law LLC in a 2016 news release announcing the final
approval order.
The article provides «a list
of issues which often seem to pose problems when
counsel file motions for preliminary
approval of [
class action] settlements.»
At the final
approval hearing, the district court explained the settlement «particularly its size, is attributable in no small measure to the skill
of class counsel and the litigation strategy it employed.»