Law360, New York ( September 17, 2012, 1:02 PM EDT) -- It is not uncommon in class actions for parties to reach a settlement that provides nonmonetary relief to the plaintiffs and a payment of attorneys' fees to class counsel. In August, however, a California federal court denied preliminary approval of such a settlement. The court questioned the propriety and reasonableness of a proposed cy pres award — one in which funds would be awarded to a third party because distributing funds to the class would not be feasible — and, more importantly, questioned the amount of plaintiff attorneys' fees agreed to by the parties — an amount the parties had to justify in part based on the perceived value of injunctive relief....
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