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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: fees

Coupon Settlements Revisited – Feder v Frank

Posted in Settlement

Just about anyone who owns a printer has strong opinions on toner cartridges. An enterprising group of plaintiffs’ lawyers sought to capitalize on consumer annoyance with printer cartridges by filing three class actions in the Northern District of California against toner manufacturer Hewlett Packard. Their cases didn’t go so well. Some of the complaints were… Continue Reading

The Class Settlement Checklist

Posted in Settlement

I don’t usually say whether I think a class-action opinion is good or not.  For one thing, this blog has been about strategy rather than policy.  For another, I’m a practicing attorney, and I’d rather not try to second-guess judges who have to sort through layers of contentious briefing in order to decide issues in… Continue Reading

Indirect Purchaser Class-Action Settlements

Posted in Settlement

 Still fighting a virus and a heavy schedule, so my apologies for providing only a brief post this week.   So let me point you to a working paper from the American Antitrust Institute, titled Indirect Purchaser Class Action Settlements.  The paper was prepared by plaintiffs’ lawyers, and is intended to respond to the contentions made… Continue Reading

Lodestar v. Percentage-of-Fund Fees

Posted in Settlement

 For plaintiffs’ counsel, one of the most important questions in a class-action settlement is how they will get paid. In McDaniel v. County of Schenectady, the Second Circuit explicitly compared the various methods of determining attorneys’ fees in class actions. McDaniel was a civil-rights case challenging strip-search policies for pretrial detainees. Approves settlement of the… Continue Reading

Are Class Action Lawyers Paid Too Little? Probably Not.

Posted in Settlement

 Brian Fitzpatrick (of "Objector Blackmail" fame) has published another article in the University of Pennsylvania Law Review asking the provocative question: are class-action lawyers paid too little? His provocative answer: yes they are. According to Fitzpatrick, in small-stakes class actions, lawyers should collect a 100% contingency fee. What’s his justification? An argument he refers to… Continue Reading

Referrer Firms – In re Tut Systems

Posted in Lawyers

Back in 2001, Bruce G. Murphy, a California attorney, contacted the San Diego office of then-firm Milberg Weiss. He claimed to have several clients who had bought stock in Tut Systems, a technology company that had announced it was not going to meet its earning estimates for the fourth quarter of 2000. Murphy, who had… Continue Reading