Fees in Bluetooth Class Action Settlement Must Be Scrutinized More Closely.
Under the heading, “9th Circuit tosses Bluetooth settlement, citing attorney fees,” Amanda Bronstad, writing in the August 22, 2011 online edition of The National Law Journal, reports on the reversal and remand of a district court’s approval of a settlement providing for $100,000 in cy pres awards, $800,000 to plaintiffs’ lawyers, and $12,000 allocated for class representatives. The Court of Appeals has not determined that the settlement was unfair or unreasonable, but wants the district court to calculate a lodestar figure and illuminate what degree of success the settlement achieved for the class members. The case is In re: Bluetooth Headset Products Liability Litigation, and concerns claims that risks about hearing loss associated with prolonged use of Bluetooth headsets were insufficiently disclosed.
Bratz Bills Brouhahahaha Brewing.
Also in the August 22, 2011 online edition of The National Law Journal, Amanda Bronstad reports on the fight over who gets a chunk of the $310 million judgment in favor of MGA and against Mattel, one-third of which is for attorney’s fees. Ms. Bronstad reports that O’Melveny has sued for $10.2 million in unpaid fees, MGA alleges malpractice and overbilling, and O’Melveny is seeking heavy-duty discovery sanctions. And Orrick withdrew its representation from a related copyright action because of a fee dispute.