Ninth Circuit Narrowly Upholds Class Settlement In Misclassification Case

By Greg Mersol on June 5, 2014 Posted in Uncategorized

We’ve commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards in particular. A recent decision from the Ninth Circuit, although it ultimately upholds the award, reflects that this is still a troublesome area and less than entirely predictable for any of the parties. … Continue Reading

California District Court Rejects Proposed Class Action Settlement

By Greg Mersol on April 12, 2013 Posted in Wage and Hour

Court Finds No Support For 33%+ Attorney Fee Award It is axiomatic that the class action vehicle exists for the benefit of the claimants. An inherent conflict of interest may arise between the class and plaintiffs’ counsel over the issue of attorney fees, and resolution of that conflict may ultimately cause a court to reject … Continue Reading

California District Court Rejects 33% Attorney Fee Award in Class Action Wage and Hour Case Under Common Fund Theory; Finds 25% Appropriate

By Greg Mersol on July 17, 2012 Posted in Uncategorized

One of the primary catalysts for class action litigation both in the employment context and outside of it is the availability of attorney’s fees. In many cases, plaintiffs can recover their “reasonable” attorney fees, and predictably fees are frequently a key topic in settlement negotiations. So, what is a “reasonable” attorney fee award? Many courts … Continue Reading