6th Circ. Wipes Out Atty Fee Award In Vita-Mix Blender Deal

Law360 (August 12, 2020, 9:20 PM EDT) -- The Sixth Circuit on Wednesday vacated a nearly $4 million attorney fees award in a class action settlement over plastic flecks in Vita-Mix Corp. blenders, finding that a lower court used the wrong billing rates to determine the award.

The appeals panel said that in its circuit, a "community market rule" is used to calculate a reasonable billing rate. Under that rule, the billing rate should not be more than what than what competent lawyers in the relevant community charge. However, the lower court departed from Cincinnati rates, saying that the practice of law is increasingly more national, according to the...

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