Law360 covered post-remand proceedings concerning the attorneys’ fee award that John Andren of Hamilton Lincoln Law Institute successfully vacated in his appeal from In re Broiler Chicken Antitrust Litigation:
The fee award is back for reconsideration by Judge Durkin after the Seventh Circuit held last year that he failed to adequately consider bids made by class counsel in auctions in other cases and fee awards in different circuits.
Andren had taken issue with the roughly one-third cut of the settlement that Hagens Berman and Cohen Milstein were to receive in a deal the firms had struck with Fieldale Farms Corp., Peco Foods Inc., George’s Inc., Tyson Foods Inc., Pilgrim’s Pride Corp. and Mar-Jac Poultry.
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A three-judge Seventh Circuit panel complimented the lower court in August 2023 for its “fine job of shepherding” the complex litigation, but said it made a mistake when it discounted bids made by one of the two firms serving as class counsel in other cases because the proposals had declining fee scale award structures.