United States Ninth Circuit

The district court's orders granting final approval to a class action settlement between Hewlett-Packard Company and a nationwide class of consumers who purchased certain HP inkjet printers, and awarding attorneys' fees, is reversed and remanded, where: 1) the attorneys' fee award to class counsel violated the section 1712 of the Class Action Fairness Act because when a settlement provides for coupon relief, either in whole or in part, any attorneys' fee that is "attributable to the award of coupons" must be calculated using the redemption value of the coupons; and here, 2) the district court awarded fees that were attributable to the coupon relief, but failed to first calculate the redemption value of those coupons.

Appellate Information

• Decided 05/15/2013
• Published 05/15/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel