PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Ninth Circuit Nixes "100% Natural" Wesson Oil Class Action Settlement; Finds Collusion On Attorney Fees
The court held that the class settlement—one it characterized as “reek[ing] of collusion at the expense of class members”—featured three “red flags” identified in Bluetooth. First, Plaintiffs’ counsel received a disproportionate share of the settlement—almost $7 million—while the class received less than $1 million. Further, the settlement provided for no direct notice to class members, reducing the redemption rate. Second, the parties agreed to a “clear sailing arrangement” in which ConAgra agreed not to challenge the agreed-upon fees for class counsel. This created the possibility that Defendant agreed to pay class counsel excessive fees in exchange for counsel accepting a lower amount for class members. Third, the agreement included a “kicker” or “reverter” clause in which ConAgra, not the class members, would receive a reversion of excess fees if the court reduced the agreed-upon attorney’s fees.
The Underground Guide To Class Action Slang (part One)
Over the past half-century, class actions have changed the world for the better: desegregating schools and workplaces, ensuring clean air and water, and exposing unsafe products and corporate fraud. But, have you considered their impact on the English language? Class actions have spawned some inventive slang, which can be bewildering to practitioners new to the field, much less to ordinary folks. We’re here to help with this, the Impact Fund Class Action Dictionary.