Attacking Attorney Fees in Class Action Lawsuits

Recently, the focus in class action lawsuits has shifted from the plaintiff’s ability to aggregate claims, to aggressively attacking class counsel fee claims.

The have been several successful attacks on large fee claims including class counsel over estimating the number of class members and the amount that each will likely recover.  This approach was effectively highlighted in Eubank v. Pella Corp, 753 F. 3d 718 (7th Cir. 2014), a matter involving a defective window design.  Close scrutiny of actual class size, identity and individual value will assist the trial court or approved mediator in setting reasonable class fees; rather than an inflated percentage of the overall award or settlement.

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