A Mixed Ruling On Coupon Redemption Rates And Atty Fees

Law360 (September 3, 2020, 4:42 PM EDT) -- In an Aug. 12 ruling in Linneman v. Vita-Mix Corp.,[1] the U.S. Court of Appeals for the Sixth Circuit joined the U.S. Court of Appeals for the Seventh Circuit in holding that the Class Action Fairness Act, or CAFA, does not require that a court consider coupon redemption rates when assessing an award of attorney fees under Title 28 of the U.S. Code, Section 1712, and that a court may instead choose to utilize a lodestar method alone.

The Sixth Circuit, however, did not write off analysis of coupon redemption rates wholesale. Instead, it held that those rates may be relevant...

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