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Update in Kitagawa v. Apple, Inc. (9th Cir.)

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CCAF filed an opening brief in October; after many many delays, the reply brief is now on file. The case presents the question whether a district court can rubber-stamp a settlement that pays the attorneys more than four times what the class received without making any reasoned response to the objections. It also presents the question of whether one can assert that injunctive relief that merely continues a customer-service program that preexisted the litigation can be counted as a settlement benefit, and what procedural rights a district court and appellee has in trying to deter appeals through punitive appeal-bond orders. Our objection to the odd claims process—whereby Apple laptop owners were required to download information from the settlement website, print it out and fill out paperwork by hand, and then manually mail it in—designed to deter claims will surely be helped by the Baby Products precedent. (As always, the Center for Class Action Fairness is not affiliated with the Manhattan Institute.)

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To align class counsel's interests with those of the class should Court's base attorney fee awards on the amount of money received by the class? That prevents churning and delays?

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

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