Last July, in an entry titled Incentive Awards Ok, but Not Incentive Agreements, I commented on the Ninth Circuit Court of Appeals’ decision in Rodriguez v. West Publishing Corp. In Rodriguez, the Ninth Circuit panel condemned the use incentive agreements in class actions. The incentive agreements were engagement agreements between the law firm and the named class representatives that called for the attorneys to seek [...]
Posts Tagged ‘incentive agreement’
Incentive Awards OK, But Not Incentive Agreements
Posted in Class Action Decisions, Class Action Settlements, tagged 9th circuit, class action incentive, class action settlement, class settlement, incentive agreement, incentive award, incentive payment, ninth circuit on July 16, 2009 | 1 Comment »
In an opinion entered in April in Rodriguez v. West Publishing Corp., the U.S. Court of Appeals for the Ninth Circuit stated its disapproval of the practice of plaintiffs’ counsel entering into incentive agreements with putative class representatives, which required their attorneys to seek successively higher payment in the event of class settlements in successively higher dollar amounts. The [...]
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