USDJ Chooses Lodestar in Wage/Hour Class Action Fee Recovery Settlement.
Our friend and fellow blogger H. Scott Leviant has reported on Anderson v. Nextel Retail Stores in his June 30, 2010 post at The Complex Litigator website.
There, U.S. District Judge Stephen Wilson, in a common fund wage/hour class action settlement, chose the lodestar fee recovery methodology over the percentage-of-recovery method (presumptive in the Ninth Circuit). District Judge Wilson found that the case was “run of the mill”—a proposition vigorously disputed by Mr. Leviant in his June 30 post—and rejected awarding plaintiffs’ attorneys a 1.64 lodestar multiplier, the result if the percentage-of-recovery method has been adopted.
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