$1.5M Attys' Fees Scuttle HP Printer Defect Deal In 9th Circ.

Law360, New York (May 15, 2013, 6:05 PM EDT) -- The Ninth Circuit on Wednesday scrapped the settlement of a consumer class action alleging Hewlett-Packard Co. deceptively marketed printer ink cartridges, finding the trial judge's award of $1.5 million in attorneys' fees was incorrectly calculated under the Class Action Fairness Act.

A 2-1 majority of the appeals court sided with class action reform activist Ted Frank, who objected to the settlement, arguing that U.S. District Judge Jeremy D. Fogel failed to apply CAFA provisions designed to prevent class counsel from being unfairly compensated when they obtain coupon — rather than cash — relief for class members.

As part of the settlement...

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