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.

Other December doings

In addition to the objection to the Citigroup Securitiessettlement, we were busy in December: Another bad coupon settlement: In re EasySaver Rewards Litig., No. 09-cv-2094 (S.D. Cal.). The $20 face value of the coupons is illusory, because the coupons preclude the use of the normal 20% offers on the defendant's website. Of course, the class counsel is seeking fees based on the face value; the settlement has illegal cy pres, too. We objected on behalf of…

Opening brief in Ninth Circuit MagSafe appeal

In the In re Apple MagSafe Power Adapter Litigation, the attorneys walked away with $3.1 million, while the class got less than $1 million, and likely less than a quarter of what the attorneys got. The district court (Judge Ware in the N.D. Cal.) not only rubber-stamped the settlement while ignoring the Bluetooth precedent, but then issued an order to protect the illegitimate settlement, requiring a punitive appeal bond or the dismissal of any…

In re Johnson & Johnson Shareholder Derivative Litigation

The Center for Class Action Fairness is putting that question to the test by asking the District of New Jersey to dismiss shareholder litigation that makes cosmetic changes to corporate governance, and then presents a $10.45 million bill to shareholders—150% of the already high "lodestar"—for the involuntary consulting arrangement

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