class actions settlements

If you ever bought a Groupon might be getting an email this week about the class - action involving the expiry date on the company's daily deals.

Groupon has settled the case and paid $ 8500000 Cash proposed to do it - but, as with many costume class - action, a good chunk of the money will go to lawyers. Customers are likely to be the only penny.

Seventeen Groupon subscribers each filed individual lawsuits in recent years, on the expiration date on a Groupon deal and how the company has been sold or promoted this offer.

The suit alleges, among other things, that the restrictions imposed Groupon deal declared illegal - like " must use gift certificate in one visit " - that violate a variety of gift - card rules. For example, federal law makes it illegal to sell gift cards that expire in less than five years.

This 17 lawsuits have been rolled into one and transferred to California district court, where a judge certified the application as a class action last year. That brings the whole Groupon customer base in the process.

Groupon has solved the case last month, without admitting fault or bad. As part of the agreement, Groupon merchants are exempt from any liability in connection with the allegations.

Completion : On the client side, the class actions settlements includes anyone in the U.S. who bought a Groupon deal or accept a gift from November 1, 2008 to December 1, 2011.

But what the customer is actually going to get fixed pretty murky. The fundamental requirement of the village seems to reflect almost exactly the current policy on Groupon coupon expires.

Groupons have two separate values ​​: the actual amount paid (like $ 20 for $ 50 worth of vouchers promising spa services at the local level) and the amount of promotion (which is $ 50).

While the number of promotional carry an expiration date, the policy is that expired Groupons Groupon may be redeemed at any time on any time limit for the amount to be paid. If the $ 50 spa voucher that you paid $ 20 for expired last month, you can still redeem it at the spa service valued at $ 20.

Completion provide people who apply for " completion voucher " that can be redeemed with the merchant product " to the purchase price you pay. "

How is it different from what Groupon already offers ? Neither party is saying.

A Groupon spokesman said the company is " nothing to add beyond what 's in the notification " that some customers have received. Robbins Geller Rudman & Dowd Law Firm, which is representing the defendants, did not return a request for comment.

Completion of the transaction has an easy twist : If the merchant will not honor the voucher settlement, customers can apply both to fund the completion and be eligible for a refund check for what they paid plus 20 % of business promotion. Further details about the process are available at grouponvouchersettlement.com.

Also as part of the agreement for the next three years Groupon has agreed not to sell more than 10 % of daily transactions with an expiry date of less than 30 days. Groupon also agreed to change the language in advertising and on its website to make the restrictions clear.

Groupon sent a letter to retailers this week advising them of their settlement warning and explain that it will not change policy on Groupon deals expire. A copy of the letter to the recipient gives CNNMoney.

" All you are required to do is to honor the voucher for the cash value paid, not the amount of promotion that has ended, " wrote Groupon. " If you 've worked with us recently, this should not be surprising that all of our vouchers can be used for its cash value in eternity. "

Expect lower pay : In accordance with the provisions of the proposed settlement, Groupon will pay $ 8.5 million in cash, but a good chunk of the money will go to lawyers. Customers can take home just pennies.

Brought legal team asked the court to award attorney fee " of up to 25 % of the settlement cash, totaling more than $ 2.1 million plus approximately $ 75,000 allocated for donations to civic organizations or non - profit.

Applicants plumbcostum of - 17 Groupon customers who brought the complaint - would receive a proposal for $ 500 each. The remaining money will be divided between those who complete the application form and put in for their share of the settlement.

That leaves about $ 6.3 million or more will be divided into classes which can include millions of people. Groupon has nearly 34 million active subscribers - people who bought at least one business in the past 12 months - from December 31. A spokesman refused to come out how many customers based in the United States.

Even if half of active users Groupon is to submit an application, each applicant will receive a payment of about 37 cents gain.

Groupon said in his letter that traders expect only 2 % of the customers to meet the requirements and submit an application.

Even if this is the case, that the 660,000 applicants will receive a payment of approximately $ 9.50 each.
Groupon customers have until July 6 to submit an application if they wish to be included in the settlement. The judge handling the case is scheduled for trial in a court in California on July 20 propuşide settlement terms, after which it will decide whether to uphold or reject the deal. class actions settlements

In a presentation Productivity Commission , the Australian Institute of company directors , says that increasingly , major lawsuits against companies are funded by professional litigation funders subject to " little or no regulation" .

The group says that many class actions settlements are driven by lawyers and litigation funders , leaving companies face significant costs and potential disruption .

They claimed defending successful companies and management costs enough to pay have assets collective action settlement and litigation funders yoke of capital adequacy regulations funded company building the law firm to prevent the measures called for are.

The requests come as the federal Attorney -General George Brandis has criticized the involvement of firms in companies that finance class action settlements, saying it was concerned about the " wildcat and opportunistic " collective action settlements.

AICD says " excessive costs " and distraction company claims "unfounded " should not be underestimated and economic considerations " that allows donors to initiate litigation forcing settlement of litigation to profit should not be ignored " .

Commercial reality these irritating Board of managers and employees to focus on core business activities, as you may feel it is prudent to establish this type of case, The presentation says.

The cost and time involved in defending these actions is vast and there are still many unresolved areas of Australian law class action settlements, particularly in relation to actions initiated by shareholders, which adds to the uncertainty for companies.

" The beginning of a large -scale shareholder class action settlements may put pressure on the share price target entity . "

Because of the size and scale class action litigation , company executives say , cases may hit tax revenues by hitting company profits .

Arguments corporate executives "are shared by an advocacy group linked to the U.S. Chamber of Commerce , the largest business federation in the world.

U.S. Chamber Institute for Legal Reform Productivity Commission said that Australia has the potential to be "jurisdiction of choice for plaintiffs , lawyers and financiers that promote collective action. This uncontrolled acceleration issue has implications for the civil justice system Australia , the cost of do business and reputation worldwide as an investment destination . "

In a paper that you put in front of the PC , the institute warns that an increase in settlements funded class actions and processes increased the cost of doing business in Australia and it is " a trend that will continue if current situation remains unchanged . "

While large class action law firm, Maurice Blackburn and like Slater and Gordon have yet to comment on the investigation of 15 months , the Productivity Commission on Access to Justice , which they previously rejected concerns about the risk litigation facing growing Australian companies .

Class action law firms argued that class action litigation funders supported by results from recovery for victims of mistakes and that there was a wave of litigation or unmeritorious claims because there is a loser pays rule for costs in civil cases.

Law firm King & Wood Mallesons recently estimated that securities class action settlements in 2012 totaled $ 480 million , after the settlement record of $ 200 million in Centro class actions settlements.

This is almost half of all such settlements in the past 20 years , the Federal Court regime collective action began .

Productivity Commission raised the prospect of changing light -touch regulation Labour litigation funders .

class actions settlements

Securities class actions settlements reached a minimum 14 years last year in terms of the number of cases resolved , according to a new report from Cornerstone Research . However, the total dollars paid in those settlements more than double the previous year . In 2012 , the total amount paid to settle the securities class action was 2,201 million , compared with only 1.405 million dollars in 2011.

Settlement amounts paid last year are comparable to those reported from 1996 through 2011 , when viewed in terms of the minimum , average, average and maximum . In 2012 , the minimum payment was $ 0.5 million , $ 10.2 million median , average and maximum $ 822,600,000 $ 54,700,000 . Over the previous fifteen years since 1996 , the average for each is : A minimum of $ 0.1 million , an average of $ 8.3 million , an average of $ 55,200,000 and a maximum of 8325.1 million.

Settlement values ​​for the previous year were significantly affected by mega settlements , defined as more than $ 100 million . These settlements accounted for nearly 75 % of the total dollar settlement in 2012. That compares with 41 % in 2011 , 60% in 2010, 75 % in 2009 and 52 % in 2009. Indeed , more than half of class actions settlements of securities from passing the Reform Act was less than 10 million dollars. Which contrasts with 2012 where more than half the villages were under $ 10 million . This may suggest a change in size typical case, according to the Cornerstone . These higher settlement values ​​may also reflect the fact that less than 60 % of the settlements were funded entirely by D & O insurance , compared to almost 80 % in the previous year .

An analysis of the time the settlement suggests that in 2012 , the number of years between the filing of the complaint and low resolution . In 2012 , 22.6 % of cases resolved within two years , compared to 13.4 % between 2007 and 2011. While these percentages reversed within 2-3 years , with 17 % in 2012 and 30.6% for the previous four years , the number moves back again in the time frame of 3-4 years 26.3% in 2012 compared to 19.3% for 2011 compared to 2007 .

Number of cases settled , involving appropriate action by the SEC increased last year compared to 2011 . In 2012 there were 11 securities class actions settled with the SEC implementing parallel action , compared with only five in the previous year . Last year's number is, however , well below those of previous years . For example , in 2010 settled 21 securities class actions had a parallel SEC action while in 2009 and 2008 were 22 in each year, and 31 in 2007 market crisis began manifest. In part this can be explained by the mixture of charges in cases . In 2012 , about 60 % of the shares determined by class of securities settlement cases involving alleged violations of GAAP while the number of actions brought by the SEC accounting fraud in recent years has decreased significantly.

Two other points about places from last year are noted. First, because the passage of Reform Act institutional investors have played an increasingly important role . Since 2006, institutional investors served as lead plaintiff in more than half of the cases . This trend continued last year with public pension funds serving as the principal applicant in approximately 49 % of cases resolved . Typically, settlement amounts are larger when an institutional investor serves as lead plaintiff .

Finally , last year, more than 50 % of securities class actions set were accompanied by a derivative suit . This represents a significant increase from the average post- Reform Act of around 30% per year. Settlements in class actions accompanied by derivative suits tend to be significantly higher , depending on the Cornerstone , even when settlements are not at the same time .

UPDATE LAWYER GRANUFLO

GranuFlo, Naturalyte, dialysis, dialysis pharmaceutical drug litigation attorneys in this case announces a new update. Dialysis continued drug lawyer filed a claim immediately edin. Granuflo attack class action lawsuit filed in the heart of the Fresenius dialysis treatment

Fresenius Medical Care, Pennsylvania, in recent years, with hundreds of deaths is linked to the solution of a sudden heart complications company GranuFlo during dialysis treatment, a class action lawsuit filed on behalf of those who suffer facial.

Philadelphia Court of Common Pleas in Brysten by Carmen on June 14, receiving dialysis treatment GranuFlo class status - action and heart attacks, heart-related sudden death, or experienced cardiac events, including all Pennsylvania residents who want to complain.

In November 2011, after the death of her husband Brysten Brysten filmon, a class action lawsuit brought Granuflo. In the same month, Fresenius bicarbonate level is expected to rise to a higher level and cause users to suffer a sudden heart attack, or death Granuflo, warning about the risk of problems for their own dialysis clinics, doctors issued an internal memo.

Awards & fee class action settlement


Class action settlement award, and they cost an empirical study, Brian Fitzpatrick ( Vanderbilt ) from every federal class action in 2006 and 2007 off. Announced the findings of the data include :

* 688 The class action settlement in state court judge in a two -year period with approximately $ 33 billion approved.

* This is $ 33 billion, about 15 % of the class action lawyers, or a total of about $ 5 billion, is.

* The judges chose to award costs is very limited and in accordance with the method of using the Close method of the average wage and the median and range of approximately 25 %. Is inversely proportional to the size of the settlement costs and strong. Completion of the age, the demand for services related to the percentage of positive charge.

* Some variations in which the District Court litigation and settlement of securities cases, and the second and ninth circuits in the circuit, depending on geographic wage is lower than the percentage of a percentage.

* Percentage is no evidence for a class action settlement or award is certified as a class are associated with political affiliation of judges.

CLASS ACTION LAWSUIT

People who have been injured by the actions of the company in a class action lawsuit filed on behalf of the group. Works published by members of the public company to see what kind of cases or illegal wage practices. A pharmaceutical company makes a claim against another type of product they illegally take this medication cause physical damage or death, or published.

When someone joins a class action lawsuit, she usually forfeits the right to sue the company announced at the time to sign up as an individual has. Damage award to the plaintiff is successful teams in huge losses for the company sued. In most cases, all team members have the same right to compensation. Generally, lawyers, and they will receive a portion of the prize fails to customers at no charge, but means that the team as a possibility, work. That part of the total award ranging from 30 % to 50 % may be too high.

These cases can be resolved juries or courts. The suit also tried to mediate. Defendant or defendants agreed to the settlement and mediation means losses. Locations with heavy damages and compensation in the case of a jury trial can cause problems because the company appealed against the decision. During the appeal process in May last year, so that the plaintiff may have to wait a very long time before you see any money. Companies in bankruptcy, the report refers to the plaintiff never received any compensation.

One of the most famous class action lawsuits are explored class Erin Brockovich. Hinkley, California on behalf of the residents of a biopic with proper details. They Pacific Gas & Electric ( PG & E ), then seep into the soil and contaminate water supplies are required to lie about the use of hexavalent chromium chemicals. After many Hinkley residents became ill with cancer or have fertility problems. We also live in a small town in the animal dies quickly.

Tim lawyer, Ed Masry, PG & E knew about the condition and deliberately failed to warn people risking their lives for plants can live. Erin Brockovich, played by Julia Roberts movie, thoroughly researched and documented the damage caused by residents of Hinkley. PG & E. Ed Masry successfully against the decision of its commitment to help secure direct financial assistance directed mediation is strongly influenced by exposure to chromium means that this case is not.

Class Action

CLASS ACTION

The city is no different from a class action lawsuit settlement from each : peace and predictability of the parties involved in this case all the time, but within a reasonable time to load and uncertainty. However, the closure of a class action, the parties must observe certain procedures to connect to the class members. In addition, special arrangements of closing a class action. Class action settlement is very visible and the general rules of federal civil procedure 23, and 2005 (cafe) Act 2003 to make changes to the justice class action lawsuits (see sidebar on page 18, government officials, see related news). This is a very large pile of transparency and because of litigation, including class, many people criticize and object classes and the opportunity to check the details of the settlement. However, a lawyer experienced in class action lawsuits in both peace and predictability that they can achieve by following the steps outlined below.

1 I know the rules and processes.
Prosecutors are awaiting trial to critically examine each proposed class settlement. " Class guardian to act " in a proposed Class action settlement costs and subject to the district court considered, high maintenance tasks that require trustees to act. [ 1 ] a lawyer, and they should begin to consider approval of Class action settlement negotiation process with a clear understanding of rule 23 (e) set. Court rules and clear information about the court to ensure that the class in terms of the settlement are designed to protect the interests of absent class members to ensure that research.

2 Wise bargain.
Court, the class action as a result of the agreement, negotiated in a way to determine whether the long arm closer look. Lawyer settlement negotiations must keep detailed records of all debates as evidence of good conduct. Plaintiff class attorneys considerable negotiation, for example, the named plaintiffs represented by the accession negotiations to be ready to monitor the steps taken to ensure that the particular must be prepared to explain. In some cases, a lawyer wearing a mediator or other missing class to serve as a neutral set of eyes watched the interests of members want.

Especially the courts to see the completion of class action " reverse auction " signs produce - attorney's fees to the defendant in exchange generous with their agreement, usually an attorney willing to accept the lowest class recovery. This tactic hoping to disrupt other receivables by the defendant. The court will not accept product placement classes otherwise no problems. [ 2 ]

Similarly, the Constitutional Court, the court closely examined the " settlement " class action directed -. In the case certified for class early closure [ 3 ] There are lawsuits because the enemies of the extended exploration of the strengths and weaknesses of the case and the court will examine more closely the provisions of the settlement [ 4 ] Quick. so it has enough information to get the resolution you need to install a lawyer.

Settlement negotiations should also include the right person. Class members with different interests and representing the interests of class members could not quite all of the plaintiffs' attorneys, plaintiff attorneys identify appropriate representatives of potential sub - class, and that the settlement discussions. Similarly, settlement discussions with counsel, and consider them to be able to identify the opponents. In particular, the class advisor or attorney any deal would affect their actions on the object proposed class action lawyers representing each individual member would expect. Consumer groups and government agencies also consult with an interest in the case.

Finally, rule 23 (e) (2) requires the parties to disclose anything that could be considered as a side agreement. According to this agreement, the parties must refrain from discussing the terms you want to exclude any settlement.

3 The deal is a fair deal.
Judge, just to confirm that the Class action settlement, you need to find an adequate and reasonable settlement. [ 5 ] This decision by the circuit court for multi - factor tests are different from each other. Several factors are known :

the complexity and duration of the process
class settlement response
during prosecution
establishment of liability risk
the risk of formation damage
risks of maintaining the class action lawsuit
The ability of the defendants to withstand a large judgment
best recovery in the light of a reasonable range of settlement
a reasonable settlement process [ 6 ] in the light of all the attendant risks ranging

Settlement negotiations, lawyers enough evidence to confirm the agreement because the court refused to consider the evidence to reveal all the factors.

Lawyers should avoid cafe clarify some provisions of the settlement. Apparent " negative value " only " because they live close to the court in order to compensate the class members and class counsel placements for some class members lose more than others to get a settlement prohibiting " limit.

The court must examine cafe coupon settlements - buying a class member is relatively worthless paper, the class gift adviser wage cuts great. Lower coupon cafe, which is used as a dwelling, the fact that the value of the coupon redemption - redemption not guess -. Determining the value of the settlement to determine attorney's fees [ 7 ] until the end of time to redeem the coupon rate because it can not determine the amount of the award, the inevitable delay in the payment of the fee award would be. This delay and uncertainty of how many coupons coupons redeemed in federal court plaintiff lawyers are reluctant to enter into the settlement. Provision of dental cafe this may seem to prevent coupon settlements, legislative history, or individual members of the class request and provide real value coupon settlement is very small in some cases, for example, may be appropriate to explain.

When the class is not too big, too small, and the class members for the benefit of the recovery per class member exceeds the cost Cy pres relief management considered the possibility of individual completion. Cy pres relief court settlement proposed plaintiff class interests aligned with the interests of buyers make sure to examine closely.

Especially when the first action seeking damages, injunctive relief settlement, the steps and provoke questions about the value of the value of the release of claims. Therefore, the value of every size attorney should be prepared to present expert evidence.

Adverse court " Reverter " side to return unclaimed funds provide the defendant. Reverter cost side counsel lawyers as the basis for calculating the amount of the settlement received increased serving members of the class to ask for permission and give incentives to prevent.

Finally, the compensation will be given for different class members be prepared to justify the difference. Based on convincing evidence that the reason for the differences in the legal and economic analysis should include. If you do not have an underlying predicate distinction, completion vulnerable to attack.

4 Plan effective campaign.
The Parties shall meet the requirements of the rule must be the last notification. In 2003, rule 23 (c) (2) (B) notice, brief, clear and easy to understand language change requires. Advisory Committee Notes accompanying this change in the rules " reminder " to work unremittingly difficult task to communicate with class members is needed to explain the process in the same way the Supreme Court has set a high standard to meet. Parties to inform the class members actually "wants " in a way that reflects the news to give [ 8 ] In order to achieve this, you need to pay attention class experts to get the attention and read, and I realize that opinion.. [ 9 ]

You know the court and " the differences in the calculation to determine whether common enough to reach, " whenever possible [ 10 ] calculations Reach provides a logical and objective answer key questions :. How many members of the class grade is reported as a percentage of the universe.

And spread the word to achieve the following common mistakes :

Low range - do not show warning plan and 70 to 90 percent of the class to reach that size.
Targeted - Wall Street Journal, for example, the average consumer does not.
Geographically, the poor - class members Adver - tising live in a large metropolitan area to stay away from small towns to small and available as statistics prove negligible.
Announced the placement of the camera - just sign does not meet the cherry picking process can result in some newspapers.
Notice how this does not take into account the class members to learn - they are radio listeners, television viewers or magazine readers ?

The main purpose of the class action is a distinction without realizing it, for this reason, you need to make a conscious effort to design effective and "difference" Be careful. You need to grab the attention of the members of this class, and provides them to make them read can be influenced by, for example, highlighting compelling reasons to warn of potential recovery. A simple headline news and important - and why it's important for them to read, the firm - is actually a member of the settlement class will see the difference goes a long way for sure.

After the class notice, and plans to achieve well designed, rule 23 (c) (2) (B) enabled. This rule is a complicated mess notices on behalf of class members or the legal jargon language - designed to minimize manufacturing free. Instructions and the appropriate method for these rules, notifications, warnings about content models, although problems persist in showing www.fjc.gov published. For example, we often do not realize :

long
Scroll to the required information
Explain it lay
For the client tries to ask a lawyer
underestimate the defendant
informing about the completion of not selling
participate in the appeal or scare people opt out
Create class members of their rights for the disabled
linguistic, cultural and other barriers to create
Minimum class members and participation for

Successful news program, experts recall, the theme mentioned above designed, affordable, unobtrusive, understandable and can withstand collateral attack. [ 11 ]

5 Use all the tools available to let.
Class action in which the court must ensure that the notice is rapidly changing environment. Our population is increasingly mobile and new technologies resulting in a flood of information. A word of caution to face every day with thousands of other ads will be accepted by the members of the class. However, experts notice campaign designed to address these challenges.

About 14 percent of Americans to act as an annual, but only about 40 percent of people who report a change of address moving the U.S. Postal Service. Also, many people either temporarily or permanently displaced due to natural disasters such as hurricanes. To overcome these difficulties, such as your e - mail, and once again before the update service can not be delivered by postal mail and careful protocol can not be returned, make sure the re-employment expert.

More than 80 percent of U.S. adults are now connected to the Internet, and this number is growing. Today the vast majority of cases, a party independent of the class action website information 24/7, allowing members of the class requires. Gone are the days when the class members are expected to go to court to review the case file. Currently, the information available at the click of a mouse.

E - mail communication has become an increasingly popular form and e - mail notification once considered by lawyers. However, a notification via e - mail and the recipient's spam filters are carefully designed to address the Delete button. For example, the subject line of the e - mail notice to move and the appropriate return address. 23 is the best you e - mail notification rules " applied " must " individual notice to all members identified with reasonable effort " can be used to meet the mailing address when it may not have been formed.

There are two most common forms of radio and television commercials. Despite the increasing cost of media, such as the widespread fear, this method, where appropriate, to break the bank. If you're ready, radio and television can convey important information notice within 30 seconds. In addition, the broadcast program, to minimize the amount spent on advertising that will never see the class members can be developed to target.

Difference another way to achieve efficient abundant. Using press releases to inform the court in general, can help to confirm or through electronic media, public service announcements and the reliable news sources. Any news would lead you guarantee anything, but you can get an additional opportunity to learn about the rights of class members.

6 Note the attorney fees.
Lawyers in class actions and class more than once criticized as profitable. Therefore, the question of the integrity of the settlement class action Consultant cost concerns about the class once closely linked. Simply put, the challenge of inviting excessive attorney fee provision of housing.

Rule 23 (h) costs of each proposed class member attorney has a decent interest allows. Rules, Rule 54 (d) (2) by acting under the consultant's fee, require the plaintiff to make a request to the attorney. District Court hearing in May, but the findings of fact and conclusions of law should be. Class members must be given the right to move and objects. Rule is not specified, the notification must include costs and attorneys' fees sought [ 12 ] Significantly, the rule is 23 lodestar Hotfix 2003 or the funds must be used to approach the question of the award fee is not a percentage..

Even if there are no objections to the cost of the class more beneficial active participation judicial review occurs. In particular, the " net " provisions of sailing - the cost of a lawyer, in which he asked the defendant agrees not to contest - sometimes the problem is the courts. According to the indictment, while the fact that a lawyer for the class focus on results, it is clear sailing provisions to prevent and be prepared to provide adequate support for the court on charges of solicitation.

7 To set the user - friendly claims process.
The benefits of the settlement class members must be prepared for a very large number. Class members are entitled to the benefits do not jump through hoops to get. In addition, the appropriate response mechanisms, effective and affordable. Toll-free telephone number to access information on the internet or allowed claim form. Or exception in the application letter class members does not require its own appeal. Layout management, demand flawless execution and diligent few letters have been sent statistics how many, how many were returned to report back sent, received, and how to handle it considering how mail. Demand side management of vendor services, equipment, and phone systems, and can print and make sure that the large volume of email quickly. And the difference is only in the administrator does not introduce an effective method to make money in damage - mail request to find class members, such as a small print notice.

Every class action lawsuit settlement is unique and each offers challenges. However, the parties involved in the following seven steps to help secure peace and mortality should look.

Second Life Virtual World Class Action Settlement

The class action lawsuit class action settlement reportedly Evans v. Linden Research. Virtual land in Second Life, items, and currency reached terminated or suspended account.

Linden Research, Inc.. (" Lime " or " Defendants "), announces that a class action lawsuit in U.S. District Court against the closure (Evans et al Linden Research, Inc., and many others, the class action No. v Trend for the Northern District of California agreed DMR C - 11 - 01 078) states, among other things, virtual goods, and / or " second life ", and then the role - playing in the virtual world of the Internet known lives of the people who buy virtual land unilaterally canceled or suspended by Linden Second Life virtual land to account, products and / or the court order approving the unit in Second Life class action settlement does not offset the value of their own currency accounts.

Second life settlement class includes the following report:

Everyone is virtual goods, virtual land and / or money, linden and / or the U.S. Dollar, which is included in the asset on or after April 16, 2008 defendant ıhlamur'ın account suspension or closure of knowingly and willingly converted them into Second Life.

In a class action settlement in Second Life Linden Dollars in Second Life class members reported 100 % up to U.S. PayPal account to account members of Linden verify the validity of the request within ten days of each member of the class to give the money to the account balance of the class and report the rate of return 100 % restore balance Linden Dollars. Virtual land held by members of the class in Second Life Linden Second Life virtual Linden dollars to pay 2 per square meter of land. Virtual product in linden $ 15 (not accounts) settlement class members Linden accounts transferred to their PayPal accounts claim that the validity of the verification Linden, within ten days of virtual items, including the option to send your claim in the Second Life class members are present, or the settlement class members operate their own virtual items to sell in the secondary market for life (and Second Life Linden reportedly will free sales commission).

Class Actions Settlement

CLASS ACTION LAWSUIT

CLASS ACTION

CLASS ACTION

Resolution of the lawsuit filed against the person or entity. What a great group started a class action settlement is often appropriate. Most of the time, the actual number may be less, depending on the number of people involved, but the settlement will involve some type of monetary payment to the plaintiff.

Class-action lawsuit settlement. Representing a large group or class action and benefit solutions. The plaintiff received a settlement of all types require monetary payment once, but the actual number may be due to the small number in the group.

A class-action settlement , the differences between their work outside of the courtroom , the plaintiffs in the class-action lawsuit is an agreement between the defendant team . Stay defendant , the right to sue the plaintiff and the class will usually compensation money she received the offer even the full disclaimer .

In general , many people are hurt by the wrong class-action lawsuit occurs . Product liability cases are often brought a class action. This is the case where the values ​​may not be the case for each case allow you to receive a small compensation for the offense . If you buy a damaged battery MP3 player with thousands of people, is entitled to make a case for each individual financial losses are very small , because of the potential of each individual case will not harm . Group as a whole class of people, however , should be brought to justice or limited free from both sides Accuser and class to get some compensation .

A lawyer , victims of certain lesions approached one of the classes . After a lawyer must participate in class and class action litigation could decide to start looking for other claimants . Most of the time , named Accuser Accuser came to the first host .

Class is made, the court received must be approved by each individual member of the class suffered enough laws similar to those grouped together. Suits, today, officially published . Most of the time , there is a case at this stage . defendant to avoid a trial and potential class action following the closure of the jury's decision will be considered.

Besides conferences jury accused , guilty or not , and losses due to the approach based on the Company confidence that defend class action settlement tribute to ask prediktion legal fees . Consider closing the plaintiff class action lawyers should be named and determine whether the eligible compensation . Most of the time , other members of the class , class action , partly to get a small token gift coupon or other expensive when material is compensated many times , such as lawyers and plaintiffs named an award-winning , criticized the settlement types . However , before class action settlement should be approved and signed at the end of justice and fair agreement.

• Procter & Gamble (but not the plaintiffs) filed an en banc petition seeking further review of the 2-1 decision striking down the ludicrous attorney-benefit-only settlement in Dry Max Pampers. CCAF filed its opposition yesterday.


• Similarly problematic to the Dry Max Pampers settlement is the case of Richardson v. L'Oreal, a pathetic lawsuit and settlement that seems to have forum-shopping shenanigans. CCAF attorney Adam Schulman filed an objection on behalf of a class member.


• One tactic class counsel engages in is to attempt to scare off objections with abusive discovery requests. This happened in L'Oreal, where class counsel purported to try to subpoena every attorney working for CCAF. Less than one business day after the subpoena was served and we sent this letter, class counsel withdrew all of the subpoenas. We're not scared of discovery: we follow the rules, and as Citigroup showed, class counsel almost always has something to hide. In this case, for example, it's doubtful the class representatives ever had any real input in the settlement process, and some might not even have standing; and I'd wager there's more than a colorable chance that there are documents existing where the parties agree that they don't want to be in the Ninth Circuit because of Bluetooth. But we're leanly staffed, and offensive and defensive discovery can be time-consuming and take away from the fun appellate stuff we like to do. If you're a litigator who'd like to be on our pro bono SWAT team call list the next time someone tries to play discovery games with us (subject of course to conflict checks and the like when the occasions arise), please drop me a line. We're engaging in fundraising so that we can be more aggressive with offensive discovery in future cases.


• We won $26.7 million for shareholders in the Citigroup case, but we think we can win even more on appeal. Another objector appealed anyway, so we're not adding any delay. We filed a notice of appeal yesterday. [Litigation Daily]

At first glance, the Korean Air Passenger Settlement looks pretty good: $50 million in cash for class members. You have to dive very deep in the papers (it's nowhere in the notice) to find out that the attorneys are going to ask for $21.5 million of that cash. They justify this by valuing coupons with face value of $36 million at $36 million, but we know from the Class Action Fairness Act and In re HP Inkjet Printer Litig. that you're not allowed to do that. Tsk, tsk. (And, of course, 25% is likely excessive even if the settlement was worth $86 million, given that the lawsuit just piggybacked on a government antitrust investigation. But, of course, the court is never going to hear that unless a class member comes forward and objects, or retains counsel (perhaps pro bono counsel?) to represent them at the fairness hearing. The class consists of:

All persons and entities (excluding governmental entities, Defendants, and Defendants’ respective predecessors, subsidiaries, and affiliates) who purchased Passenger Air Transportation on [Korean Air or Asiana Airlines], or any predecessor, subsidiary, or affiliate of the Defendants, at any time during the time period January 1, 2000 through August 1, 2007. As used in this definition, “affiliates” means entities controlling, controlled by, or under common control with a Defendant [and does not include travel agents]. “Passenger Air Transportation” means passenger air transportation service purchased in the United States for flights originating in the United States and ending in the Republic of Korea (“Korea”) or flights originating in Korea and ending in the United States.

There is a claim form online if you want your cash and coupons; class members should get formal notice shortly. One of the lead class counsel is Jeff Westerman, who you might remember from his Milberg days for his role in the NVIDIA settlement bait-and-switch where he hired an expert witness to testify against letting class members recover what the settlement notice told them they'd recover. So one is skeptical when one reads in the settlement that "Korean Air and Class Counsel shall set the maximum coupon redemption value per ticket by mutual agreement."

We've been very busy!

• In Fraley v. Facebook, the district court adopted our theory of attorneys' fees (zero value for injunctive relief and for settlement money paid to administrators); the parties, perhaps in response to our objection, upped the class-member award to $15 from $10. So a fee reduction of $2.5 to $3 million, with several million more available for the class. Not a bad day's work, and enough of an improvement that we're not going to appeal the parts of the decision the court got wrong.


• Speaking of whether class counsel should get a commission on money paid to the settlement administrator... You may recall the Ninth Circuit throwing out a bad settlement (in an opinion later modified) over Frosted Mini-Wheats that paid $800,000 to consumers, $2 million to lawyers, and some unknown figure to unknown cy pres. On remand, the parties set up a $4 million settlement fund—but $900,000 or so is earmarked for settlement administration. Is that a $4 million settlement, or is it really a $3.1 million settlement, because that's all the class can hope to get? Class counsel is "only" seeking $1 million this time, which is still disproportionate to actual class relief; meanwhile, the objectors who turned the $800,000 in class relief into over $2 million of class relief aren't being given anything. This morning, I'll be at the fairness hearing in San Diego, presenting the CCAF objection of Chicago Law professor Todd Henderson. Class counsel's main argument against us is that we're funded by the Koch brothers (not remotely true), and therefore we should be ignored. One wishes that California attorneys like Tim Blood suffered some repercussions for simply lying to the district court, but there doesn't seem to be the taste in California courts to enforce Rule 11, as we learned when we were similarly lied about in EasySaver.


• We filed a cert petition appealing our Second Circuit loss in Sirius. I'll write a longer post about that, plus our amicus support.


• Another case that merits a longer post is a fascinating Eighth Circuit brief we filed last week in an appeal of a $2.6 million cy pres award.


• Speaking of bad cy pres (and bad coupon settlements), we filed our opening Ninth Circuit brief in EasySaver Rewards ($8.85 million for attorneys, $3 million for local cy pres, $225,000 and worthless coupons for the class) in July.
   
• CCAF attorney Adam Schulman filed an objection to the horrendous settlement in Berry v. LexisNexis, which is like Dry Max Pampers, but far worse, with a larger class and the attorneys asking for $5.5 million. This merits a longer post, but we were honored that a passel of very highly-paid attorneys representing a competing class action and their objectors saw fit to adopt so many of our arguments.


• In Pearson v. Target Corp., class counsel is seeking $4.5 million for a settlement over glucosamine sales likely to pay less than half of that to the class. I am a class member, and CCAF attorney Melissa Holyoke filed an objection on my behalf.


• In the Southwest Drink Voucher case, the court approved the settlement, but hasn't ruled on the attorneys' fees yet. We're deciding whether to appeal.


• Cato filed an amicus in support of our cert petition in the Facebook Beacon case.


• More press coverage than you can shake a stick at. And I did a lengthy "Liberty Law Talk" podcast with Richard Reisch about class action abuse generally.

Given that one of our attorneys is pregnant, another is getting married, and a third is moving, we're being very productive, though of course, we've had help from pro bono counsel.

A class action accusing local McDonald's in Dearborn County of falsely advertising its chicken as "halal" was settled. A class member, Majed Moughni, an attorney, wrote a Facebook post complaining, inter alia:

McDonald's was going to pay $700,000 for selling "Haram" chicken sandwiches and labeling it as "Halal". The current lawyer on the case wants the the [sic] majority of the money to go to a medical center ($275,000) and a museum ($150,000), that lawyer Kassem Daklallah, wants to pocket $230,000 and the plaintiff, Ahmed Ahmed will keep $20,000. We think the money should go to you, the people who were lied to and bought and ate "Haram" chicken sandwiches, not a medical center or a museum who were not injured. ...

This seems a reasonable criticism: after all, the class is relatively small (observant Muslims who ate at the particular McDonald's restaurant), so distributing $425,000 to claimants is feasible. And, as Baby Products and the American Law Institute confirm, cy pres should be the last resort (rather than opening gambit) in a settlement. If Daklallah, his law firm, McDonald's, or their attorneys have preexisting relationships with the cy pres recipients, that would be even worse, because then the cy pres would be illusory relief. A $20,000 proposed payment to the class representative in a $0 settlement is further evidence of self-dealing.

At plaintiff's request, the Michigan state court enjoined Moughni, and forced a change to the Facebook page to put forward Ahmed's preferred view of the case. This is a scary First Amendment violation, and that the court signed off on it makes one wonder whether the court can fairly adjudicate objections to the settlement. Public Citizen is on the right side in this one, and, along with the ACLU, is litigating in favor of the objector's rights. [Public Citizen; Dan Fisher @ Forbes; Detroit Free Press]

(Of course, there are certainly strong arguments against using the consumer fraud laws to mediate a religious dispute. If the lawsuit reflects a disagreement over what constitutes "halal," courts shouldn't be adjudicating the religious question. If the lawsuit reflects an objectively false claim that a particular organization certified the food as "halal," then that's a legitimate complaint. But even if the possibly fatal flaw in the lawsuit means the settlement is necessarily small, that is no excuse for the attorneys, class representative, and unrelated third parties to capture the entirety of the value of the settlement.)

Public Citizen and the ACLU are taking no position on the fairness of the settlement, which makes sense for the strategic purpose of focusing on the First Amendment issues. Since we're not involved in the case, and will not be representing any clients in the Michigan proceedings, I hope that even the attorneys who negotiated this awful settlement will concede I have the right to speak about what I think is a breach of fiduciary duty to their clients.

• Wednesday, I argued the case of Kazman v. Frontier Oil in Houston, which raises the issue of whether Texas law permits the "deal tax": the extortionate lawsuits over merger disclosures that get settled for pricy attorneys' fees and nothing of value to the shareholders that the attorneys are supposed to be representing. Thanks to client CEI attorney Sam Kazman, and to D. Wade Carvell, who was both extraordinarily generous and effective with his pro bono time on the case. [CEI press release; Kazman podcast; earlier on POL; more on POL]
• West Virginia medical monitoring settlement: $6.62 million for attorneys, up to $6.58 million in funding for medical examinations for class, but the money is likely to go to charity, and there will be no free exams after 2014. I'm quoted, after the West Virginia Record called me up for my analysis.
• Legal Newsline covers the Southwest Airlines drink voucher class action settlement. [Legal Newsline; earlier on POL]

Southwest gives away "premium drink" (i.e., "beer") coupons worth $5 to customers who buy a Business Select ticket. Of course, not everyone drinks, and half of the coupons are thrown away. After giving out 11 million or so of these coupons, Southwest changed its policy and held that the premium drink vouchers were only good on the day of the flight for which they were sold. A class action was born, alleging bait and switch. There's a lot of publicity over the settlement; Southwest Airlines is giving away new coupons, i.e., free beer. Press coverage accepts the claim of class counsel that the coupons, which will expire in a year, and are only good in flight, are worth "perhaps more than $29 million"; papers in support of the settlement go even further and ascribe a value of up to $58 million. Thus, the attorneys will ask for $7 million. [preliminary approval order; Chi Trib; L&S; h/t LAN3]

Thing is, we know from decades of history of coupon settlements that less than $1 million of these coupons are going to get used; heck less than $1 million are likely to be claimed. The settlement is worth "perhaps more than $29 million" only in the sense that "perhaps" the atoms in the chair you are sitting on will all simultaneously shift one foot to the left. Customers are getting notified by email, but the vouchers aren't being sent to them by email. That's because Southwest wants to limit its liability, but the attorneys want to maximize their payout; they both have the incentive to exaggerate the true value of the settlement. If they told the court the settlement was worth less than $1 million to the class, the court might ask questions why a disproportionate share is reserved for the attorneys; if they asked the court to follow the strictures of the Class Action Fairness Act, which requires attorney awards to be tied to the value of redeemed coupons, the attorneys would have no chance at $7 million.

One hopes a class member sees through this misleading unfairness, and finds pro bono counsel willing to object.

 The class consists of "All Southwest customers who purchased an Eligible Drink Voucher through the purchase of a Business Select ticket or otherwise, during the time period before August 1, 2010, but who did not redeem the Eligible Drink Voucher. The Class does not include Southwest customers who obtained drink vouchers or drink coupons through the Southwest Rapid Rewards program, unless those customers separately purchased, but did not redeem, Eligible Drink Vouchers through the purchase of a Business Select ticket or otherwise." The case is In re Southwest Airlines Voucher Litigation, No. 11-cv-8176 (N.D. Ill.).

A class member contacted me to complain about the settlement in Pearce v. Acosta. At first glance, it seems troubling: as described to me, the attorneys will get $425,000, and class members will get somewhere between $55,000 and $110,000. But the objection deadline is January 22, it's in Washington state court, and my attorneys and I are more than booked up between now and March with existing cases and obligations. We can't take the case, and don't have any insights beyond what's in this post; but if you're an attorney who might be interested in having this class member contact you, please E-MAIL me; leaving a blog post comment gives me no way to contact you and makes me question your judgment.

(Update: thanks to counsel who volunteered. The class member has opted out and been directed to the appropriate attorney running a parallel opt-in federal class action.)

In addition to the objection to the Citigroup Securities settlement, we were busy in December:

• Another bad coupon settlement: In re EasySaver Rewards Litig., No. 09-cv-2094 (S.D. Cal.). The $20 face value of the coupons is illusory, because the coupons preclude the use of the normal 20% offers on the defendant's website. Of course, the class counsel is seeking fees based on the face value; the settlement has illegal cy pres, too. We objected on behalf of a class member.
• Pecover v. Electronic Arts, Inc., No. 4:08-cv-02820 (N.D. Cal.) involves a settlement that will pay about $1 million to the class, but the attorneys are seeking $9.2 million for themselves. I'm a class member in an unfair video-game class action settlement? Of course I'm objecting!
• On December 20, the Second Circuit issued a disappointing summary order affirming the $0 Blessing v. Sirius XM settlement where the attorneys walked away with $13 million. [Reuters] We'll be filing a petition for rehearing and rehearing en banc today, and are looking for pro bono Supreme Court counsel for a cert petition if the Second Circuit doesn't correct its legal error.