Ninth Circuit rejects Mini-Wheats settlement over attorney fees, cy pres award

, The National Law Journal


A federal appeals court has rejected a class action settlement over alleged false advertising of a breakfast cereal, ruling that a plan to contribute some of the payout to charity bore no relation to the case and that the plaintiffs attorneys' fee award was excessively generous.

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What's being said

  • Mike

    Class action law is in need, yet again, of reform. The "class" gets coupons or other trinkets while the lawyers get, well, rich. This time the ninth has got it right.

  • Ken Perkins

    Good! The class action has turned into a racket - where the named Plaintiff gets a nominal award, the class gets a benefit of dubious value and class counsel make out like bandits. Time to rein in.

  • Lulaine

    It's always tough trying to balance what is fair for the attorneys and what is fair for the plaintiffs. Hopefully this problem gets resolved too because both parties have legitimate claims. One has suffered hardship and the other has worked hard to rectify that but sometimes those interests clash but there has to be an understanding to be had where both can be happy with the consequences.

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