Mealey's Attorney Fees : Mealey's : Legal News & Analysis

Mealey's Attorney Fees

May 30, 2024
Judge Awards $1.4M In Fees In Libby, Mont., Asbestos Claims Fraud Case

MISSOULA, Mont. — A railway that obtained some of the relief it sought in a suit claiming that an asbestos-disease scanner in Libby, Mont., submitted false claims under a special program involving the Patient Protection and Affordable Care Act (ACA) may recover attorney fees, but the award must be reduced by 25% because its submission never ties the hours worked and associated rates to specific tasks, a federal judge in Montana said in awarding $1,423,936.58.
May 30, 2024
9th Circuit Denies Objections To $23M Roundup Settlement, Says Deal Is ‘Fair’

SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on May 29 affirmed a lower court’s decision that rejected the arguments of two individuals who objected to a $23 million settlement in a class action for false advertising related to Monsanto’s herbicide Roundup, ruling that the district court did not abuse its discretion by rejecting the objectors’ argument that the nationwide class action settlement would extinguish higher-value claims in a separate class action.
May 30, 2024
Michigan Panel Affirms Judgment For Man Seeking PIP Benefits After Vehicle Hit Him

DETROIT — In consolidated appeals, a Michigan appellate court affirmed a lower court’s judgment for a pedestrian after a jury determined that the pedestrian did not make material misrepresentations in his claim for personal injury protection (PIP) benefits after he was struck by a motor vehicle, finding that though counsel for the pedestrian engaged in “improper” conduct, because the incidents were “isolated,” “reversal is not required.”
May 29, 2024
Federal Judge Dismisses Case In Which SEC Used False Info For Restraining Order

SALT LAKE CITY — A federal judge in Utah on May 28 dismissed without prejudice the Securities and Exchange Commission’s case against several defendants it accused of using a cryptocurrency scheme to defraud investors out of at least $49 million at the SEC’s request after imposing sanctions on the SEC for using false information when applying for a temporary restraining order (TRO), telling the crypto entities that dismissing the case with prejudice would amount to an additional sanction.
May 29, 2024
Dialysis Provider’s Bid To Deny Attorney Fees Rejected In FCA Medicare Fraud Suit

BOSTON — A Massachusetts federal judge on May 28 granted in part a relator’s request for attorney fees in a suit alleging that a dialysis provider violated the False Claims Act (FCA) by fraudulently billing Medicare and Medicaid for unnecessary hepatitis B testing, finding that the total requested hours must be reduced by 40%, in part due to the difficulty for the court to review “improper billing practices.”
May 29, 2024
Lilly Appeal Of Attorney Fees Consolidated With Others In False Claims Act Judgment

CHICAGO — The Seventh Circuit U.S. Court of Appeals on May 28 ordered that an appeal filed by Eli Lilly & Co. over a district court’s award of attorney fees and expenses be consolidated with other appeals stemming from a $193 million judgment after the company was found to have underpaid Medicare drug rebates owed to the United States.
May 28, 2024
$3.5M Settlement In ERISA Imprudence Suit Over TDFs, Another Fund Gets Initial OK

GREENSBORO, N.C. — A North Carolina federal judge on May 24 granted preliminary approval of a $3.5 million class settlement to resolve retirement plan participants’ Employee Retirement Income Security Act suit challenging the use of target-date funds (TDFs) and another investment option.
May 24, 2024
$3.25M Settlement Gets Final OK In ERISA Imprudence Case Over Retirement Plans

BALTIMORE — Resolving an Employee Retirement Income Security Act suit over use of the GoalMaker asset allocation service and other aspects of a Maryland hospital system’s retirement plans, a Maryland federal judge on May 23 granted final approval to a $3.25 million class settlement and awarded a third of that as attorney fees.
May 24, 2024
$30M Settlement Between Jan-Pro, Franchisees Granted Final Approval

SAN FRANCISCO — A $30 million wage-and-hour settlement between Jan-Pro Franchising International Inc. and California cleaning franchisees in a case in which the franchisees alleged that they were misclassified was granted final approval on May 23 by a federal judge in California, who also partially granted and partially denied a motion for attorney fees and service awards.
May 24, 2024
5th Circuit Affirms Reduced Attorney Fee Award In Hail, Wind Damage Coverage Suit

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on May 23 affirmed a federal court’s reduction of an insured’s attorney fee award from the requested $171,700 to $34,500 in a breach of contract and bad faith lawsuit arising from the insured’s hail and wind property damage, agreeing with the trial court that a reduction in attorney fees was appropriate.
May 24, 2024
Addressing Jurisdiction, 2nd Circuit Issues Mixed Ruling In ERISA Arbitration Case

NEW YORK — Rejecting an “eleventh-hour jurisdictional attack,” a Second Circuit U.S. Court of Appeals panel partly upheld confirmation of an arbitration award against a private investment manager — including more than $22 million in prejudgment interest — but vacated the challenged judgment as to disgorgement of profits and payment of certain attorney fees and costs.
May 24, 2024
Acella Pharmaceutical Agrees To $41M Settlement For Faulty Thyroid Hormone Drugs

GAINESVILLE, Ga. — A Georgia federal judge granted final approval to a $41 million settlement to end claims that a pharmaceutical company made and sold thyroid hormone pills that were subpotent and awarded $5 million in attorney fees.
May 23, 2024
Federal Judge OKs Attorney Fees In Suit Over FriendFinder Shares

NEW YORK — Two investment firms that accused the founder of a social networking website of attempting to force the firms to sell their stake in the company at a discount will pay more than half a million dollars in attorney fees after a New York federal judge found May 22 that the firms brought their suit despite unambiguous terms of the firms’ purchase of securities.
May 22, 2024
Judge Gives Final OK To $1.5 Million Settlement Of College Data Breach Suit

KALAMAZOO, Mich. — A Michigan federal judge granted final approval of the settlement of a consolidated negligence class action over a data breach experienced by a college in 2022, deeming the $1.5 million agreement to be “fair, reasonable, and adequate.”
May 21, 2024
Objectors Appeal Final Approval Of Google Location History Settlement

SAN JOSE, Calif. — Three class members who had previously objected to the cy pres nature of a $62 million settlement of a consolidated class action over the purported collection of users’ location data by Google Inc., as well as an accompanying attorney fees award, on May 20 filed notice that they are appealing the final approval of the settlement and the corresponding judgment of a California federal court to the Ninth Circuit U.S. Court of Appeals.
May 20, 2024
Divided Panel Clarifies Scope Of Recoverable Fees Under Section 285

WASHINGTON, D.C. — Four years after reversing a determination that defendants DISH Network L.L.C. and Sirius XM Radio Inc. (SXM) did not qualify as prevailing parties in a patent infringement action, a divided Federal Circuit U.S. Court of Appeals panel on May 20 affirmed a Delaware federal judge’s finding on remand that DISH and SXM cannot recoup the attorney fees they incurred during a “voluntary” and “parallel” proceeding before the Patent Trial and Appeal Board (PTAB).
May 17, 2024
Attorneys Get 25% Of $169M Exaction Class Settlement In ACA Reinsurance Row

WASHINGTON, D.C. — A U.S. Court of Federal Claims judge on May 16 granted final approval of a class settlement under which the government will pay $169,022,397.28 to resolve part of a long-running lawsuit over the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA), also awarding 25% of that sum, net of expenses, for attorney fees.
May 16, 2024
Briefly: 4th Circuit Reverses Ruling Valuing Property In Pipeline Land Dispute

RICHMOND, Va. — A panel of the Fourth Circuit U.S. Court of Appeals reversed and remanded a case involving a dispute over a parcel of land sought by a pipeline company, instructing the lower court to reinstate a jury’s $523,327 verdict for the landowners and vacating the court’s order that denied attorney fees.
May 16, 2024
E-Cig MDL Judge Orders Altria To Pay Plaintiffs $13.6M Attorney Fee Award

SAN FRANCISCO — The California federal judge overseeing multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) and tobacco company Altria Group Inc. and its subsidiaries on May 15 approved an attorney fee award of $13.6 million after approving a $45 million settlement of economic loss claims against Altria brought by class members who purchased e-cigarette products in reliance upon misleading information about their addictiveness and health risks.
May 16, 2024
Fees, Sanctions Wrongly Awarded, Patent Owner Tells Federal Circuit

WASHINGTON, D.C. — A federal judge in California, assigned to a patent case after it had already been closed, erred in granting a Google LLC request for attorney fees to the tune of $191,302.18 and in subsequently sanctioning counsel for the patent owner $63,525.30, the patent owner tells the Federal Circuit U.S. Court of Appeals.
May 16, 2024
Reinsurer’s $3.2M Appeal Bond Is Approved In Breach Of Contract Dispute

DALLAS — After entering an amended final judgment against a reinsurer for $2,866,423.97, including attorney fees and interest, a Texas federal magistrate judge granted the reinsurer’s unopposed motion for approval of a $3.2 million appeal bond and to stay execution and enforcement of the judgment pending resolution of its appeal.
May 16, 2024
Attorney Fees, Partial Service Awards Granted After $10.5M Thread Count Settlement

CINCINNATI — A federal judge in Ohio awarded class counsel $3.5 million in attorney fees and more than $200,000 in expenses for representing consumers who settled claims with a department store over sheet thread counts for $10.5 million and partially awarded the requested incentive payments for the named plaintiffs, citing Internal Improvement Fund Trustees v. Greenough, one of the cases pointed to by the 11th Circuit U.S. Court of Appeals when it ruled in Johnson v. NPAS Sol’ns, LLC that class representatives are precluded from receiving personal compensation from the settlement fund.
May 15, 2024
Medical Debt Collection Class Complaint Settlement Provides $4,000 Class Relief

HAMMOND, Ind. — A federal judge in Indiana approved a class settlement in a health care debt Fair Debt Collections Practices Act (FDCPA) lawsuit against a law firm and partner that provides $4,000 in recovery to the class, $1,000 the class representative and $14,000 for attorney fees and costs.
May 15, 2024
Reinsurer Seeks Approval Of $3.2M Appeal Bond In Breach Of Contract Dispute

DALLAS — After entry of an amended final judgment against it for $2,866,423.97, including attorney fees and interest, a reinsurer filed a notice of appeal and an unopposed motion for approval of a $3.2 million appeal bond and to stay execution and enforcement of the judgment.
May 15, 2024
Insurance Commissioner Seeks Approval Of Expenses Regarding Liquidated Insurer

OKLAHOMA CITY — The Oklahoma insurance commissioner, as receiver for a property and casualty insurer in liquidation, filed in Oklahoma state court an application to approve costs and fees related to the administration for the receivership of Go Insurance, which the court previously ordered into liquidation.