Mealey's Attorney Fees
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December 19, 2024
Judge Orders Class Notified In $18.2M Settlement Of Senior Home Understaffing Suit
SANTA ANA, Calif. — A California federal judge ordered that notification be issued to more than 4,100 class members comprising family members of former and current residents of care facilities after the court granted final approval of an $18.2 million settlement with the facilities’ operator, including $10.5 million in attorney fees, for claims that residents were harmed by understaffing in violation of California’s unfair competition law (UCL) and elder financial abuse law.
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December 19, 2024
Class Counsel Get A 3rd Of $9M Global Deal In ERISA Proprietary Funds Suit
CINCINNATI — An Ohio federal magistrate judge on Dec. 18 granted final approval to a global $9 million settlement of an Employee Retirement Income Security Act class action over proprietary funds, from which she authorized paying the requested amounts of $3 million for attorney fees and $30,000 for service awards.
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December 19, 2024
$1.25 Million Settlement Approved In Onix Group Data Breach Class Action
PHILADELPHIA — A Pennsylvania federal judge presiding over a consolidated class action for negligence and consumer protection violations related to a 2023 data breach experienced by a Pennsylvania firm granted final approval to a $1.25 million settlement of the suit, overruling two objections and mostly granting requested attorney fees and service awards.
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December 18, 2024
Morgan Stanley Expenses Settlement Reaffirmed, Attorney Fees Disgorgement Denied
SAN FRANCISCO — A federal judge in California reaffirmed the fairness of a more than $10 million settlement in a case accusing Morgan Stanley Smith Barney LLC (MSSB) of various wage violations and declined to vacate a supplemental attorney fees award, deny further distributions or disgorge past payments.
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December 18, 2024
Split Ohio High Court Rules On Prevailing Party In Deceptive Trade Practices Case
COLUMBUS, Ohio — A plaintiff who convinces a jury that a defendant violated the Ohio Deceptive Trade Practices Act (DTPA) but is awarded no damages or injunctive relief is not a “prevailing party” under the act, the Ohio Supreme Court majority ruled, reversing attorney fees for the plaintiff.
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December 18, 2024
$19M Class Settlement In Lawsuit Over ESOP Wins Final Approval
TAMPA, Fla. — Upon receiving a joint notice of nonobjection, a Florida federal judge on Dec. 17 granted final approval to a $19 million class settlement that the plaintiffs said will “provide[] an average recovery of more than $100,000 per class member on a gross basis, topping the chart of recent ESOP [employee stock ownership plan] settlements by a substantial margin.”
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December 17, 2024
GEICO Moves To Transfer Attorney Fee Issues To District Court In Fraud Suit
ATLANTA — GEICO filed a motion in the 11th Circuit U.S. Court of Appeals to transfer its motion for appellate attorney fee consideration to a district court in its suit against a health care clinic and related parties for allegedly submitting fraudulent no-fault insurance charges, arguing that because the lower court will be considering GEICO’s motion for attorney fees, “judicial economy” will be served by having only the district court “analyze the attorney’s fee issue.”
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December 17, 2024
Final Approval Recommended For $19M Class Deal In Lawsuit Over ESOP
TAMPA, Fla. — A Florida federal magistrate judge has recommended awarding the requested attorney fees and final approval of a $19 million class settlement that the plaintiffs say would “provide[] an average recovery of more than $100,000 per class member on a gross basis, topping the chart of recent ESOP [employee stock ownership plan] settlements by a substantial margin.”
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December 13, 2024
Ohio High Court Finds Man Vexatious Litigator, Orders Him To Pay Prosecutor’s Fees
COLUMBUS, Ohio — After reviewing documents submitted by a county prosecuting attorney, the Ohio Supreme Court found that a relator lied about public records requests he allegedly sent to the prosecutor and ordered the relator to pay the prosecutor $1,020 as a sanction for frivolous conduct.
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December 13, 2024
Kansas Appeals Court Affirms Damages Against Stadium Sub, Remands Fee Issue
TOPEKA, Kan. — In a 20-year-old construction defect case, the Kansas Court of Appeals has affirmed the apportionment of damages due to a contractor by a subcontractor but remanded again an attorney fees issue.
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December 12, 2024
$3.5M Settlement In ERISA Suit Over TDFs, Another Fund Wins Final Approval
GREENSBORO, N.C. — A North Carolina federal judge has granted final approval to a $3.5 million class settlement that resolved retirement plan participants’ Employee Retirement Income Security Act suit challenging the use of target-date funds (TDFs) and another investment option.
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December 12, 2024
CPAP Judge Gives Final OK To Medical Monitoring Settlement, Attorney Fees Awards
PITTSBURGH — The federal judge overseeing the multidistrict litigation involving the recall of approximately 10.8 million continuous positive air pressure (CPAP) sleep apnea devices has given final approval to a $25 million settlement to resolve medical monitoring claims and awarded $4.8 million for attorney fees and costs.
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December 11, 2024
Granite Installer Awarded Reduced Attorney Fees After Age Bias Verdict
PITTSBURGH — A granite installer awarded nearly $80,000 for compensatory damages and front and back pay on age bias claims by a federal jury was awarded more than twice that in attorney fees and costs by a federal judge in Pennsylvania.
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December 05, 2024
Doctor Entitled To Almost $98K In Attorney Fees For Success On Disability Claim
SAN FRANCISCO — A pediatrician who successfully prevailed on her claim for long-term disability (LTD) benefits based on her high risk of exposure to the COVID-19 virus is entitled to $97,965 in attorney fees and $625 in costs because the pediatrician succeeded on the merits of her disability claim and the disability insurer presented no special circumstances that would warrant against an award, a California federal judge said in granting the pediatrician’s motion for attorney fees and costs.
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December 05, 2024
Delaware Judge Will Not Revise Opinion That Musk’s Tesla Pay Package Is Unfair
DOVER, Del. — A Tesla Inc. stockholder vote approving a $56 billion pay package for Elon Musk is not grounds to revise a Delaware judge’s posttrial opinion that Musk is not entitled to the $56 billion compensation package because the vote occurred after the posttrial opinion was issued and not during the litigation, the judge said.
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December 05, 2024
$30M 23andMe Data Breach Settlement Gets Court’s Conditional Preliminary OK
SAN FRANCISCO — The California federal judge overseeing a multidistrict litigation involving claims against genetic testing company 23andMe Inc. for failing to protecting users’ data from hackers granted preliminary approval on Dec. 4 to a $30 million settlement of the claims on the condition that the plaintiffs amend their definition of the settlement class to exclude parties who are pursuing arbitration and despite “serious concerns” with the plaintiffs’ $7.5 million attorney fees request.
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December 05, 2024
Judge Awards Plaintiffs Almost $60,000 For Discovery Row In Dialysis Case
COLUMBUS, Ohio — Awarding a little more than half of the amount the plaintiffs requested, an Ohio federal judge has ordered a hospital and its health plan to pay $59,629.38 in attorney fees and costs in connection with a discovery dispute in an Employee Retirement Income Security Act case over dialysis payment rates.
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December 05, 2024
Class Counsel Confirms $92M Was Wired To Administrator In Insurers’ ACA Dispute
WASHINGTON, D.C. — After a federal judge entered an order requiring class counsel to return “$92,424,335.84, the excess of the $184,848,671.67 previously distributed for fees over the current fee award,” counsel filed a notice in the U.S. Court of Federal Claims confirming that it wired the $92,424,335.84 to nondispute subclass members in a risk-corridor payment dispute under the Patient Protection and Affordable Care Act (ACA).
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December 04, 2024
Federal Judge Awards Delayed Attorney Fees In Shareholder Derivative Lawsuit
SAN FRANCISCO — Two years after giving final approval of a settlement, a federal judge approved a motion for attorney fees in a shareholder lawsuit alleging that several senior executives and the board of directors of Pinterest Inc. breached their fiduciary duty by participating in and/or failing to sufficiently prevent a culture of racial and sexual discrimination within the company.
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December 04, 2024
Jackson Hewitt $10.8M Wage Suppression Class Settlement Granted Final OK
NEWARK, N.J. — A federal judge in New Jersey granted final approval of a $10.8 million settlement in a class complaint by individuals who worked for a tax preparation franchisor or franchisees and alleged that there was a conspiracy to suppress compensation via no-poach agreements and issued an order granting attorney fees, expenses and service awards.
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December 03, 2024
Calif. Gas Station Owner Owes $2.3M In Attorney Fees For CERCLA, RCRA Violations
SANTA ANA, Calif. — A federal judge in California has awarded more than $2.3 million in costs and attorney fees to the owner of an apartment building that filed suit under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act (RCRA) against a neighboring gas station over the release of hazardous substances that migrated onto its property.
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December 03, 2024
Judge Chides Data Breach Attorneys For ‘Sub-Par’ Work, Reduces Fees Award
NEW HAVEN, Conn. — Despite granting final approval to a $1.5 million settlement of a lawsuit over a health care services provider’s 2022 data breach, as well as the plaintiffs’ requests for service awards and cost reimbursements, a Connecticut federal judge reduced the requested attorney fees award for using “very, very high” rates in light of “significant errors” by plaintiffs’ counsel.
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December 02, 2024
Nearly $700M Of Settlements In Real Estate Commissions Case Granted Final Approval
KANSAS CITY, Mo. — A federal judge in Missouri on Nov. 27 granted final approval of nearly $700 million in settlements by the National Association of Realtors’ (NAR) and others in a real estate commission class lawsuit accusing NAR and real estate franchises of conspiring to artificially inflate the cost of commissions in residential real estate transactions.
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December 02, 2024
$17.5 Million New York City Head Covering Removal Settlement Approved
NEW YORK — A federal judge in New York granted final approval of a $17.5 million settlement, including $4,147,460 for attorney fees and costs, to be paid by New York City to end a class complaint by individuals who were forced to remove religious head coverings for post-arrest photos.
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November 27, 2024
9th Circuit’s Jurisdiction Debated In California Clean Water Act Case Fee Denial
SAN FRANCISCO — An environmental organization granted interim attorney fees after suing two California cities under the Clean Water Act (CWA) for discharging bacteria pollution from stormwater sewage systems argues that the Ninth Circuit U.S. Court of Appeals has no jurisdiction to overturn the federal judge’s decision not to reconsider granting the fees and should dismiss an appeal the cities filed seeking the appellate court’s opinion on the “excessive and premature attorney’s fees order.”