9th Circ. Nixes Atty Fee Appeal In VW Class Action

Law360, New York (May 17, 2011, 6:57 PM EDT) -- The Ninth Circuit ruled Tuesday that a class member lacked standing to fight attorneys' fees in a consumer action accusing Volkswagen of America Inc. of restricting competition for replacing computer-programmed keys for its vehicles.

David T. Murray neglected to show he had been injured by the $415,000 attorneys' fee awarded by a district court after a settlement between VW and the named plaintiff, the Ninth Circuit ruled in dismissing the appeal of that award.

“A class member must be 'aggrieved' by the fee award to have...
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