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In Campion v. Old Republic Protection Company, Inc., No. 12-56784, (Dec. 31, 2014) the Ninth Circuit Court of Appeals held that a putative class representative’s appeal was moot because he had no personal stake in the case after voluntarily settling his individual claims.  Douglas Campion brought a class action against Old Republic asserting causes of action arising out of Old Republic’s allegedly arbitrary denial of claims made by him on a home warranty policy.  The U.S. District Court for the Southern District of California denied Campion’s motion to certify the class and granted Old Republic’s motion for partial summary judgment on Campion’s claims under the California Consumers Legal Remedies Act.  Campion then settled his individual claims with Old Republic, and the parties agreed to dismiss without prejudice any class action claims under the California Unfair Competition Law.  However, in the stipulation for dismissal, the parties agreed that Campion retained his right to appeal the district court’s rulings on the putative class claims.  Campion subsequently appealed the district court’s orders regarding class certification.
Continue Reading It’s Not Personal: Ninth Circuit Denies Putative Class Representative’s Appeal as Moot

In Laffitte v. Robert Half International, Inc., No. BC321317, ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee award of one-third the settlement amount.  Mark Lafitte filed a wage and hour class action suit against Robert Half International alleging violations of the Labor and Business and Professions Codes.  The parties settled, and the terms provided that Robert Half would pay a gross settlement amount of $19,000,000, of which class counsel’s attorneys’ fees would be no more than 6,333,333.33.  Additionally, the proposed settlement included a “clear sailing” provision assuring that Robert Half would not oppose the court’s fee award if the amount was less than or equal to the specified amount.
Continue Reading Clear Sailing Ahead For Class Counsel in California Settlement