In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Productions Liability Litigation

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The Ninth Circuit affirmed the district court's denial of non-class counsel's motions for attorneys' fees arising from a class action settlement over claims regarding Volkswagen's use of defeat devices in certain vehicles. The panel held that law firms and lawyers that appealed in their own names had standing to challenge the fee order, because they suffered an injury (deprivation of attorneys' fees) that was caused by the conduct complained of (the fee order) and would be redressed by judicial relief. The panel also held that, because the underlying class action did not feature a traditional common fund from which attorneys' fees were procured, appellants could only have collected fees if they provided a substantial benefit to the class. In this case, the district court did not abuse its discretion in determining that appellants did not and denying the fee motions on this basis. Finally, the panel rejected additional arguments by the Nagel Appellants and held that Appellant Feinman's challenge was moot. View "In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Productions Liability Litigation" on Justia Law