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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/aggregate0017 and id is 1 raw text is: PRINCIPLES OF THE LAW OF AGGREGATE LITIGATION CHAPTER 3. AGGREGATE SETTLEMENTS TOPIC 2. CLASS SETTLEMENTS § 3.07 Cy Pres Settlements E.D.N.Y.2016. Rptr's Note quot. in case quot. in sup. (quoting § 3.07 of P.F.D. 2009, which is now § 3.07 of the Official Text) (erron. cit. as § 3.08). Debtor filed a class action against debt collector, alleging that defendant violated the Fair Debt Collection Practices Act by leaving voicemail and answering-machine messages for debtors in which it failed to identify itself either by name or as a debt collector and failed to reveal that the purpose of the call was debt collection. This court denied the parties' motion for approval of a proposed settlement, holding that the settlement was fundamentally unfair, unreasonable, and inadequate, because it was limited to a cy pres payment to a public-interest organization that would provide no measurable benefit to class members. The court noted that, under the Principles of the Law of Aggregate Litigation, approval of settlements providing for a cy pres remedy had to be limited to circumstances in which direct distribution to individual class members was not economically feasible, or where funds remained after class members were given a full opportunity to make a claim. Graff v. United Collection Bureau, Inc., 132 F.Supp.3d 470, 494. N.D.Ohio.2016. Cit. in sup.; subsec. (b) cit. and quot. in sup.; com. (a) cit. and quot. in case cit. and quot. in disc. Class of indirect purchasers brought federal anti-trust claims against several polyurethane- foam manufacturers. This court granted plaintiffs' motion for final approval of defendants' settlement agreements with plaintiffs, dismissing the objection of several defendants to the provision allowing for contingent cy pres distribution of settlement funds. Citing the Principles of the Law of Aggregate Litigation § 3.07, the court held that the cy pres provision at issue was valid because any cy pres distributions would be de minimis and were to be made only after it was no longer economically practical to make further distributions to the class. In re Polyurethane Foam Antitrust Litigation, 168 F.Supp.3d 985, 1005. § 3.13 Attorneys' Fees Cal.2016. Cit. in sup., com. (b) quot. in sup. In three related wage-and-hour class-action lawsuits against staffing firm, the trial court granted the parties' motion for approval of a settlement and awarded class counsel one-third of the recovery as attorney's fees, which was the maximum permitted by the settlement. Affirming, this court held that, when attorney's fees were awarded out of a common fund preserved or recovered by means of litigation, the award was not per se unreasonable merely because it was calculated as a percentage of the common fund. The court noted that Principles of the Law of Aggregate Litigation § 3.13 had endorsed the use of the percentage method in common-fund cases, with eA ym For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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