Alaska Employment Law

Sitting in the Eastern District of California, Judge Ralph Beistline approved settlement of state-law claims of defects in Volvo’s electronic throttle, introduced in 1999.  Trew v. Volvo Cars of No. Amer., LLC, S-05-1379 RRB (E.D.Cal. July 31, 2007)(Document 104). 

Beistline certified a nationwide settlement class, and, overruling objections from class members, held:  1) the settlement provides significant relief not found in an earlier order imposed by a state agency; 2) plaintiffs’ attorneys are entitled to fees under the (state law) catalyst theory; 3) stipulated fees equal to 5 % of the value of the settlement are a) well below the benchmark of 25 % and b) consistent with a “lodestar cross-check”; and 4) class representatives are entitled to (relatively modest - $1,000-5,000) incentive awards for their “significant contributions to the prosecution and resolution of this action.” 

H/T: The UCL Practitioner (with link to opinion).  That site, which focuses on consumer protection law, is run by San Francisco practitioner Kimberly Kralowec, formerly clerk to Alaska Court of Appeals Judge David Mannheimer.  Kralowec also runs The Appellate Practitioner, which covers 9th Circuit as well as California appellate developments.  Both sites are excellent.