I can't complain about press coverage like this. David Freddoso gets it, though the title is perhaps over-optimistic, given that self-serving class action suits are not the only source of outrageous paydays:
And these kinds of nuisance cases often cost a lot of money to defend. Most deep-pocketed defendants would rather spend a million dollars making a case like this one go away than spend millions more in litigation.
For the lawyers, this case was simple: File a lawsuit, then get a settlement agreement -- which they did. Under its terms, a hearing loss charity was to get $100,000. The lawyers were to get $800,000. And those who cranked up the volume full blast until they lost their hearing? They would basically get nothing.
The plaintiffs' lawyers put up a brave face in the National Law Journal coverage, claiming that they'll win on remand, but there is no reasonable way that good-faith application of the Ninth Circuit standard could permit settlement approval. The Aqua Dots decision would seem to preclude class certification, as well.