Update in Apple MagSafe settlement Ninth Circuit appeal
CCAF filed an opening brief in October; after many delays in the briefing schedule, we filed our reply brief in April. Details at Point of Law.
Conscientious Objector
The biggest target of Frank’s ire, however, are settlements that award what he sees as excessive legal fees to the plaintiffs attorneys. He’s currently challenging the proposed $590 million settlement of a class action brought in 2008 on behalf of Citigroup Inc. shareholders who accused the financial giant of misleading investors about the risks of its derivative business.
Victory in Bayer
As a result of our objection in the Bayer class action settlement, the parties modified the settlement to increase direct payments to the class by over $5.8 million, over 25 times as much as the class would have received in the cy pres-heavy settlement had we not objected.
Ted Frank’s Testimony before the House Judiciary Committee Subcommittee on the Constitution and Civil Justice Examination of Litigation Abuse
One of the leading ways for self-dealing class counsel to benefit themselves at the expense of the class is through what are called cy pres settlements.
Why is Jaafar & Mahdi Law Group trying to squelch criticism of a bad class action settlement?
At plaintiff's request, the Michigan state court enjoined Moughni, and forced a change to the Facebook page to put forward Ahmed's preferred view of the case. This is a scary First Amendment violation, and that the court signed off on it makes one wonder whether the court can fairly adjudicate objections to the settlement. Public Citizen is on the right side in this one, and, along with the ACLU, is litigating in favor of the objector's rights.
Baby Products press coverage
Lots of people are talking about Baby Products, some of whom talked to me.
Toys ‘R’ Us $35 Million Antitrust Accord Overturned
“The settlement has resulted in a troubling, and, according to counsel for the parties, surprising allocation of the settlement fund,” the judges said. “Though the parties contemplated that excess funds would be distributed to charity after the bulk of the settlement fund was distributed to class members through an exhaustive claims process, it appears the actual allocation will be just the opposite.”
Third Circuit win
We won reversal of the settlement approval in the Baby Products, No. 12-1165 (3d Cir. Feb. 19, 2013). The settlement had paid $14M to the attorneys, but less than $3M to the class.
In re Bayer
Fewer than 20,000 class members have bothered to go through the arduous claim procedures in the Bayer Corp. class action, which caps recovery for most of those class members at $4 unless they saved several-year-old receipts for aspirin products. The class will ultimately receive well under $500,000.
Wyeth and the multiplier
Class counsel have a $3.9 million lodestar, but are seeking $16.5 million for a settlement where the class will get three cents on the dollar for their alleged damages. The Center is objecting on behalf of a client.
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