U.S. court voids RadioShack class-action settlement over card receipts
Ted Frank, a critic of what he considers excessive legal fees and who represented a couple opposing the RadioShack settlement, in a phone interview welcomed the decision.
McClellan: Divvying Up $2.7 Million in Leftovers
"The big question was this: Why should money belonging to the class members be given to a charity — no matter how much the judge and the class-action lawyers like the charity? The judge in this instance is U.S. District Judge Carol Jackson. The lawyers are from the firm of Green Jacobson."
Redman v. RadioShack, Inc. / oral argument today
As we discussed earlier, class counsel agreed to a settlement over RadioShack credit-card receipt legality that would have paid themselves $1 million, but the 16-million-member class 83 thousand coupons with a face value of $10.
Oetting v. Green Jacobson / Oral argument September 10 in 8th Circuit on cy pres
Bank of America settled a nationwide securities class action in the E.D. Mo. for hundreds of millions of dollars. For some reason, the district court judge ordered that $2 million or so of the settlement fund not be distributed immediately. By a few years later in 2013 (after interest and restitution from a settlement administrator employee that had embezzled from the settlement fund), there's $2.7 million left over. At the behest…
Pennies for Plaintiffs, Millions for Lawyers
The judge presiding over a Hewlett-Packard shareholder suit has balked at the $48 million in fees negotiated by attorneys in a settlement. The amount of money that shareholders were going to get was not negligible, unlike some of the consumer suits where the victims get a coupon good for more product from the company they've accused of doing them wrong. But the judge seems to think that it's disproportionally small compared with what the lawyers were getting.
Bloomberg Law Logo (PRNewsfoto/Bloomberg Law)
HP Inkjet Settlement Objectors Continue Fight To Disqualify Cotchett
Ted Frank of the Center for Class Action Fairness, representing the objectors, also fought back against HP’s claims that the objections were brought in bad faith. Frank pointed to the existence of the retainer agreement and HP’s opposition to an advantageous motion to decertify the class.
The mysterious case of Hewlett-Packard’s Autonomy deal
Theodore Frank, of the non-profit Center for Class Action Fairness, has filed a motion contesting the ink jet settlement, seeking to disqualify the Cotchett firm from the H-P inkjet class action settlement. “It’s just a black letter ethical violation,” Frank said in an interview.
Judge Gives Preliminary OK to $75.5M Proposed Settlement in TCPA Class Action; Believed to be Largest of Its Kind
“I take no position on whether the size of the settlement fund adequately compensates class members for the value and risk of the litigation,” Frank said. “It does seem like a nuisance settlement, given Capital One's deep pockets, the large potential statutory liability, and the fact that most class members will not receive anything in the absence of a claim, which also militates for a much lower attorney fee. I haven't looked at detail yet whether the notice is acceptable.”
Objectors Seek To Disqualify Cotchett Firm In HP Inkjet Settlement
“Because Cotchett Pitre was lead counsel, the conflict of interest infects all of their co-counsel, none of whom bothered to notify this court of the conflict of interest, notwithstanding their affirmative obligation to do so under [the Federal Rules of Civil Procedure],” the motion said.
A smoking gun in debate over consumer class actions?
.76 percent of battery buyers filed claims to receive $3 or $6. If all of those claims turn out to be valid, McComb said in the declaration, the settlement fund will disburse $344,850 to class members. But remember: The settlement is supposed to be worth $49 million — the number on which plaintiffs lawyers have based their fee request. Even counting the $6 million in Duracell products that will be distributed to charities if the settlement is approved and the injunction against false labels the defendants agreed to, there’s an awfully big gap between the alleged value of the deal and the actual cash benefit to the class.
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