9th Circ. Nixes $14.8M Atty Fees In Dishwasher Defect Deal

Law360 (November 11, 2020, 12:02 AM EST) -- The Ninth Circuit sent back a lower court's approval of $14.8 million in fees for the attorneys representing a class of millions of owners of allegedly defective Sears and Whirlpool dishwashers, ordering it to determine the value of the settlement, which provides coupons to much of the class.

In a unanimous, published decision penned by U.S. Circuit Judge Kenneth K. Lee, the panel said Tuesday that while U.S. District Judge Fernando M. Olguin was right to approve the California federal court settlement, the attorney fees were off-base. He shouldn't have used a lodestar-only calculation, or a calculation based on attorneys' hours...

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