Tag Archives: settlement

Sixth Circuit Rejects “Categorical” Approach To Class Action Settlements and Class Counsel Fees

Last week in Gascho, et al. v. Global Fitness Holdings, LLC, the Sixth Circuit addressed a laundry list of objections to a class action settlement on behalf of gym members who had been allegedly incorrectly charged certain fees.  The settlement made ~$15.5 million available to class members and awarded fees of $2.39 million to class … Continue Reading

The Sixth Circuit Rejects Settlement That Benefits Plaintiffs’ Attorneys At The Expense Of The Class

The Sixth Circuit’s decision in In re: Dry Max Pampers Litigation (No. 11-4156) creates a new standard for class action settlements:  they must pass the smell test.  Judge Kethledge’s decision finds that the class received “nearly worthless injunctive relief” while the named plaintiffs received $1,000 per child and the plaintiffs’ attorneys received $2.73 million.  The … Continue Reading

Sixth Circuit to Decide Whether Settlement of an Insurance Policy for Less Than Its Limit Precludes Enforceability of Excess Coverage

In The Goodyear Tire & Rubber Company v. National Union Fire Insurance Company of Pittsburgh, et al., Goodyear sought reimbursement from its directors and officers liability policies issued by National Union Insurance Company of Pittsburgh (“National Union”) and Federal Insurance Company (“Federal”) for legal costs incurred in defending numerous securities class action and derivative lawsuits … Continue Reading