This strongly supports final approval.
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Another objector is represented by Simina Vourlis, who has been climbing the ranks of professional objector counsel in recent years. Office of Comm'r of Baseball, No. Offering Sec. It is for this reason that "[f]ederal courts are increasingly weary of professional objectors. Court have been sharply critical of Mr. Cochran's frequent, meritless objections to class action settlements. Cochran's long, "documented history of filing notices of appeal from orders approving class action settlements, and thereafter dismissing said appeals when they and their clients were compensated by the settling class or counsel for the settling class action settlement.
Nor have Mr. DeJulius' previous objections been well-received by courts. See Heekin v. Anthem, Inc. Indeed, there is a long line of cases rejecting objections lodged by Mr. Cochran on behalf of Mr. The Cochran Objectors next cite a distinguishable Sixth Circuit case and non-controlling authorities from other jurisdictions to argue that Plaintiffs' request for reasonable attorneys' fees should be governed by Ohio state substantive law, rather than the federal case law.
Nationwide Prop. Ohio state courts apply substantially the same analysis in awarding attorneys' fees as Ohio federal courts. See Bittner v. Tri-County Toyota, Inc.
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Eckerhart, U. Moreover, the factors considered by Ohio state courts in awarding lodestar multipliers are virtually identical to the Johnson factors discussed in Plaintiffs' motion and routinely considered by federal courts: Again, the starting point for the fee award is the reasonable number of hours multiplied by a reasonable hourly rate.
July 23, denying Mr. Analytics Group, Inc. Cochran ; Shames v. Hertz Corp. Cochran and approving settlement and attorneys' fee award. Bigler v. Personal Service Ins. If anything, Ohio state courts applying these factors are more generous with multiplier awards than their federal court counterparts. See id. Kenny A. The Cochran Objectors next take issue with Plaintiffs' discussion of the outstanding results obtained in this case.
Contrary to the Cochran Objectors' suggestion, the "results obtained" is not only a relevant factor, it is an "important factor" even under the state law analysis for which the Cochran Objectors' advocate. Bittner, 58 Ohio St. The results-obtained factor encompasses the degree of success enjoyed by the prevailing party. Here, Bittner enjoyed a high degree of success in the settlement of her claim. Rawlings v.
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Prudential-Bache Properties, Inc. The Cochran Objectors nevertheless argue that, notwithstanding the excellent results in this case, application of the relevant factors "do not warrant more than a very modest enhancement" of the lodestar figure, less than the 1. But Van Horn is readily distinguishable because the court there found that the settlement results achieved were only "moderately good" because they represented "approximately fifty percent of an average class member's damages.
Moreover, the case in Van Horn was "not based on a 'novel' legal theory or unproven grounds for recovery.
Additionally, the Cochran Objectors' argument that "very little enhancement" of the lodestar is needed because the settlement was achieved efficiently similarly misses the mark. Although Plaintiffs were able to resolve the action relatively early, courts recognize that Class Counsel "should not be 'punished' for efficiently litigating this action. Agreserves, Inc. The Cochran Objectors' contention that no multiplier should be applied to post-settlement work is also flawed.
It is irrelevant that Class Counsel knows now that it will be compensated for post-settlement work. Similarly unpersuasive is the Cochran Objectors' argument that Class Counsel is not entitled to compensation for reasonably anticipated future work. Ass'n v. City of Detroit, No. The Cochran Objectors cite no authority requiring Class Counsel "to return to the Court annually" for additional fee awards.
Such a process would be needlessly inefficient and wasteful. The Cochran Objectors' challenge to Class Counsel's hourly rates is similarly unpersuasive. In any event, courts in this district have approved rates far higher than those requested here. See Gilbert v. Vourlis is known to have filed objections to at least two previous class action settlements in Ohio district courts.
Neither was successful. See, e. Duke Energy Corp. Ohio No. Bennett essentially argues that the gift card offered to the Class in lieu of a replacement blade assembly constitutes a "coupon" for purposes of 28 U. RadioShack Corp. Nothing in this subsection shall be construed to prohibit application of a lodestar with a multiplier method of determining attorney's fees. She also filed an appeal on behalf of an objector in another action. See Volz v. Coca-Cola, S. Although the primary relief provided to Class Members is not coupon-based i. Bennett contends that "Section a , by its own terms" nevertheless applies because that subsection also covers settlements that "offer more than just coupons.
Bennett asserts that the Court must therefore "scrutinize that portion of the attorney's fee and base it on the value to class members of the coupons redeemed. According to Ms. Bennett, the fairness of the Settlement and related attorney fee award cannot be properly assessed without expert testimony opining on the real monetary value and likely utilization rate of the coupons.
Neither the text of Section nor the cases interpreting it support Ms. Bennett's position.
The Sixth Circuit has not had an opportunity to interpret Section , but several other circuits have. Under this majority rule, courts are free to award attorneys' fees using the traditional lodestar and multiplier analysis even in a pure-coupon settlement case. In contrast, the Ninth Circuit has held that Section is not permissive, such that a district court must calculate attorneys' fees for pure-coupon settlements as a percentage of redeemed value. However, even under the Ninth Circuit's stricter interpretation, Section b permits courts to award attorney fees using lodestar analysis in mixed settlements that include both coupon and non-coupon relief.
There can be no doubt here that the replacement blade assembly option offered is non-coupon relief. See also Tyler v. Michaels Stores, Inc. Because Plaintiffs seek an attorney fee award based on Class Counsel's lodestar plus reasonable multiplier, Section requires nothing more. See Doc.
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Bennett's reliance on the inapposite Seventh Circuit decision, Redman v. Radioshack, F. The plaintiff in that case alleged that Radioshack violated federal and state statutes by printing more than the last five digits of credit card numbers on receipts. Of the 16 million class members, only 83, 0. As a threshold matter, the Seventh Circuit's application of a rigid "ratio of 1 the fee to 2 the fee plus what the class members received" has been specifically rejected by the Sixth Circuit.
See Gascho, F. Van Gemert, U. Under the Redman formula, the resulting ratio is 1 to 3. This is "not a case where coupons of dubious value will be provided to compensate for a loss of cash. Rather, the settlement provided "essentially complete relief for the class" on a "one-for-one basis. In other words, "[t]he class members will receive everything they reasonably could have hoped for. When counsel come away from the negotiating table with everything the client would hope for, they should be compensated accordingly. The fact that the proposed Settlement provides Class Members the option to alternatively opt for a gift card in lieu of a replacement blade assembly only expands the exceptional value offered by the Settlement.
The Remaining Objections Are Without Merit The nature of the issues raised by the 14 non-professional objectors also provide no reason to deny final approval. Two are based on the notion that because there is no proven medical harm from the black flecks the lawsuit and settlement are meritless, while two take the opposite tack and object that the settlement is insufficient because of the likely medical harm.
A couple object to being required to return their container; a couple feel the gift card is insufficient because it does not cover the cost of a new container or blender; a few believe the settlement should cover more than one container per blender; and a few object to the fees. Each of these objections should be overruled. Class Members are not releasing any claim they may have for medical harm should evidence of medical harm arise in the future. Asking Class Members to return containers for blade replacement is reasonable for fraud prevention and liability reasons, and Class Counsel negotiated to ensure that Class Members would be without their containers for only a short period of time with Vita-Mix covering all shipping costs.
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This Settlement option provides a total fix of the defect at the heart of the case. The gift card is an alternative to repair only, and has value in particular because it is transferable, stackable, can be used in conjunction with existing promotions, and has no expiration date. While Class Counsel agree that it would be preferable if the Settlement applied to an unlimited number of containers, this was not feasible for a variety of reasons, including fraud prevention.
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Shopping center claims Facebook posts are wrong. Updated: By: John Matarese. The Facebook post tells customers to email the center's management, saying: "Go Mom: full court press to enlighten Regency on their terrible my words decision. He says the store is welcome to stay if it wants, but it has declined.
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