Thut v. Life Time Fitness, Inc.

February 2, 2017 by Justia

This appeal stems from a class action settlement where Life Time agreed to pay $10-15 million to settle claims that the company violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. Objector challenges the district court's order awarding class counsel $2.8 million in attorney's fees and expenses. The court concluded that the district court's analysis was thorough, its findings were amply supported, and it did not abuse its significant discretion by electing to use the percentage-of-the-benefit method to calculate the fee award or by determining that an award of $2.8 million in attorney’s fees and expenses was reasonable. Furthermore, the district court did not abuse its discretion by including approximately $750,000 in fund administration costs as part of the "benefit" when calculating the percentage-of-the-benefit fee amount; nor did the district court abuse its discretion by allowing class counsel themselves to determine how to allocate the total $2.8 million attorney's fee award without further judicial oversight or approval. Accordingly, the court affirmed the judgment. View "Thut v. Life Time Fitness, Inc." on Justia Law