Sirius XM settlement approved
The decision contradicts (and ignores) Bluetooth, Aqua Dots, and the Class Action Fairness Act, and applied the wrong standard of law in creating an essentially irrebuttable presumption of fairness for the settlement.
The decision contradicts (and ignores) Bluetooth, Aqua Dots, and the Class Action Fairness Act, and applied the wrong standard of law in creating an essentially irrebuttable presumption of fairness for the settlement.
The Center for Class Action Fairness announced today its victory in the U.S. Court of Appeals for the Ninth Circuit objecting to a valueless class action settlement.
It's still unclear to me why the Third Circuit waited a year before our briefs were due from our appeal.
The objection, filed in the Southern District of New York on behalf of a class member, underscores that the proposed Sirius XM Radio settlement would provide valueless injunctive relief to the class but $13 million to class attorneys.
The growth of the Center for Class Action Fairness can be shown just by the breadth of its activities on Monday, June 20.
As discussed at Point of Law, CCAF has filed an objection to the Babies "R" Us settlement in McDonough v. Toys "R" Us, Inc., No. 06-cv-242 (E.D. Pa.).
I'll be arguing the AOL cy pres case June 7 in Pasadena. (My record in Ninth Circuit oral arguments to date: 2-0, with one pending.) Come watch if you're interested in cy pres issues. If you're not interested in cy pres, but are interested in trademarks and pornography (and who isn't?), they're also arguing Roxbury Entertainment v. Penthouse Media ("The content of the film is primarily graphic sex scenes; however, the 'story line' to the extent there is one, concerns…
But who has the incentive to hire an expensive attorney to object?
Today the Center for Class Action Fairness announced multiple victories in class action objections it filed in five class action settlements that will result in class members receiving over $5 million more than what their class attorneys were willing to negotiate.
So why did the attorneys get $2.1 million? Because of the economic fiction of "fees" and "expenses," which are calculated differently.