However, defendants can take solace in the fact that some courts have grown more skeptical of class counsel fee applications when reviewing
proposed class settlements.
Approval is not a given, and these cases illustrate some of the important factors practitioners should consider in connection with
proposed class settlements in an environment of heightened scrutiny.
Communications during the notice period — after the class has received notice of
the proposed class settlement but before the opt - out / claims period ends — are particularly sensitive.
Not exact matches
In a 6 - page order, Judge Lucy Koh told Google (GOOG) and
class action attorneys the
proposed settlement was insufficient, in part because it failed to clearly tell consumers what the search giant had done.
The company maintained that tips were included in its quoted fares until a
proposed class - action
settlement last April forced Uber to clarify that, well, actually, they weren't.
Judge Richard Stearns issued a preliminary approval of the
proposed settlement between TAP Pharmaceuticals and the
class.
The
settlement also
proposes to resolve a pending federal
class action suit.
The
proposed settlement is subject to approval by the Superior Court of the State of California, County of Los Angeles, following notice to members of the
class.
If the
proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a
settlement fund, which will provide, among other things, payments to
settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the
proposed settlement agreement.
July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a
proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a
proposed settlement agreement resolving the
class action lawsuits that were filed beginning July 2015 following a data breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits, alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.
The popular eHarmony online dating service will have to do more to welcome gays and lesbians to its site, under a
proposed settlement of a
class - action lawsuit announced Tuesday.
Recently a judge hearing the
class refused a
proposed $ 125 million dollar
settlement and Google retorted last week that the case should be simply dropped.
Amazon, Microsoft and Yahoo are planning to join a coalition of nonprofit groups, individuals and library associations to oppose a
proposed class - action
settlement giving Google the rights to commercialize digital copies of millions of books.
«This
proposed settlement is a powerful demonstration of what is possible when federal, state and private
class antitrust enforcement lawyers work together,» said Steve W. Berman, managing partner of Hagens Berman, in a statement issued by the firm today.
Under the
proposed settlement, announced Wednesday morning, Penguin would pay $ 75 million to consumers represented by 33 states» attorneys general and by Hagens Berman, the Seattle - based law firm that filed the
class action suit against Apple (s AAPL) and publishers in 2011.
The issues seems to be that the
proposed class action
settlement does not benefit...
A
proposed settlement has been reached in a
class action lawsuit claiming Blue Buffalo Company, Ltd. pet foods labeling was false and deceptive and that it falsely claimed that the products do not include chicken / poultry by - product meals, corn, wheat or soy, or artificial preservatives.
A
proposed settlement has been reached in a
class action lawsuit about the packaging of the following TRESemmé Naturals products, that falsely indicated they were natural.
At issue was whether the
settlement met the requirement of Rule 23 (e)(2) of the Federal Rules of Civil Procedure requiring
proposed class action
settlements to be «fair, reasonable and adequate.»
[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.
The plaintiffs in the
proposed class action had alleged improper property insurance deductions, but dismissed as they neared
settlement in 2015.
Read the tentative
settlement The parties have reached a
settlement in the
proposed unpaid wages
class action, Eklund v. GoodLife...
The parties have reached a
settlement in this
proposed unpaid wages
class action.
Welland Tribune http://www.wellandtribune.ca/2013/02/12/legal-fees-out-of-control Feb 12, 2013 — There's also a report of a
proposed class action against a Toronto personal injury lawyer following a
settlement of $ 150,000 which generated a legal bill of $ 110,000 ($ 60,000 for fees and $ 50,000 for expenses).
The Court went on to state that any
proposed settlement of the
class actions must ultimately be approved by the courts for fairness, reasonableness and adequacy, including examining whether a «coupon
settlement» was appropriate and fair in the circumstances.
Under the terms of the
proposed settlement, the Remaining Defendants will pay to the
Class $ 17,500,000 plus $ 164,931.50 of accrued interest in exchange for a full and final release of all claims brought in the proceeding.
Strathy, J. approved the
proposed settlement of the action for $ 11 million, of which $ 7.75 million was designated for
class members, and the balance for fees and disbursements of
class counsel and for the costs of administration of the
settlement.
• The district court did not scrutinize the
proposed settlement's «clear - sailing clause,» in which RadioShack agreed not to contest
class counsel's fee request.
Any
class member who wishes to comment on or object to the
proposed settlement must send written submissions to
class counsel before October 21, 2016 at 5:00 pm.
The Superior Court of Justice has approved the
proposed settlement in the
class action, Jankowski v. General Motors of Canada.
The third rejection by the court of a
proposed settlement in the ongoing
class litigation involving Google Books has been the talk of the IP community.
At the hearing on October 14, the Court will consider
class members» objections to the
proposed Settlement, including
class counsel fees.
«Plaintiffs in a
class action lawsuit brought over Subway's «footlong» sandwiches have decided to abandon efforts to pursue the litigation,» two months after a Seventh Circuit panel scorchingly criticized a
proposed settlement («utterly worthless... no better than a racket.»)
An investor group called Sunlot Holdings is seeking to revive the failed Bitcoin exchange Mt. Gox has made a deal with the claimants in two
class action lawsuits on a
proposed settlement.
Whether Facebook's
proposed settlement of privacy claims arising from «Sponsored Stories» advertisements is fair and sufficient for
class members
This suit comes following a
proposed $ 43 million
settlement involving music rights holders and Spotify in a
class - action lawsuit, Ferrick v. Spotify.
The
proposed settlement was approved by a federal Judge in Illinois stemming from a national
class - action suit involving allegations of FCRA violations against sister companies that employed drivers.
A federal court has considered whether a group of objecting plaintiffs could obtain discovery related to a
proposed settlement of a
class action lawsuit resulting from the Sandicor decision.
Proposed § 1026.19 (f)(3)(ii) would have provided that a creditor or
settlement service provider may charge a consumer or seller the average charge for a
settlement service if the average charge is no more than the average amount paid for that service by or on behalf of all consumers and sellers for a
class of transactions, the creditor or
settlement service provider defines the
class of transactions based on an appropriate period of time, geographic area, and type of loan, the creditor or
settlement service provider uses the same average charge for every transaction within the defined
class, and the creditor or
settlement service provider does not use an average charge for any type of insurance, for any charge based on the loan amount or property value, or if doing so is otherwise prohibited by law.