In the case of In re Dell, Inc., the Court reviewed the settlement of a shareholder class action against the arguments of two objectors. No. 10-50688 (Feb. 7, 2012). The Court first held that a class member does not have to file a proof of claim to have standing to object. Op. at 5. The Court then reviewed and rejected several objections to the fairnes of the settlement, reminding that a full evidentiary hearing is not necessarily required at a fairness hearing. Op. at 10. Finally, the Court found no abuse of discretion in awarding an 18% fee to the attorneys ($7.2 million) instead of requiring a “lodestar” calculation, rejecting a strict reading of In re High Sulfur Content Gasoline Prods. Liab. Litig., 517 F.3d 220, 228 (5th Cir. 2008) (which stated: “This circuit requires district courts to use the ‘lodestar method’ to ‘assess attorneys’ fees in class action suits.”).
Recent Related Posts