Cannon v. Ashburn Corp.
CCAF successfully objected to the proposed settlement for its severely imbalanced result and giving the attorneys a guaranteed payday that will exceed class recovery.
CCAF successfully objected to the proposed settlement for its severely imbalanced result and giving the attorneys a guaranteed payday that will exceed class recovery.
CCAF argued the plaintiffs’ attorneys are attempting to overpay themselves by taking over one-third of the net settlement fund, or $2.33 million, which is substantially more than the median fee award in similar cases.
CCAF asked the court to investigate overbilling that was not disclosed to the court or the class. Judge Koh agreed and appointed a special master to investigate overbilling, subsequently reducing the final fee award by $6.9 million.
After nearly a year and a half without response from the agency, the Competitive Enterprise Institute (and now the Hamilton Lincoln Law Institute) is representing individuals taking the Federal Communications Commission to court over the 2016 Charter/Brighthouse/Time Warner cable merger.
The proposed settlement provided class members with worthless injunctive relief, simply codifying labeling changes that Harmless Harvest voluntarily made in 2015, but would have provided $575,000 to attorneys and named plaintiffs. The court agreed with CCAF that the settlement was not fair, reasonable, and adequate.
CCAF attorney Theodore H. Frank won an appellate victory granting him intervention against the filers of strike suits that harm shareholder. Here, plaintiffs convinced Akorn to pay $322,500 in attorneys’ fees, although no benefit has accrued to the class—only immaterial supplemental disclosures.
CCAF objects to settlement in antitrust price-fixing case which includes a nationwide class indirect purchasers of lithium ion batteries in a variety of electronic equipment. Only about 26 states provide a cause of action for such indirect purchasers, however, so recovery to those class members will be diluted by payments to claimants without meritorious claims.
Under the settlement, class members will receive $10 vouchers for use on Art.com's ecommerce sites. The settlement has hallmarks of the coupon-settlement abuse that Congress targeted with the Class Action Fairness Act of 2005.
The parties reached a lopsided settlement in which the plaintiffs' attorneys recover $3.9 million while the class gets injunctive relief consisting of 22 words regarding Facebook's practices added to a Facebook help page.
On July 7, 2017, the district court granted final approval of the settlement, even though more than 80 percent of the settlement fund would go to class counsel rather than the class members.