United States Ninth Circuit
Yamada v. Nobel Biocare Holding AG, 14-55263
In the attorneys' fee portion of an underlying dental implants product defect class action , the district court's order awarding class counsel more than $2.3 million in attorneys' fees, which the district court awarded based on the terms of a settlement agreement, California Code of Civil Procedure section 1021 under the substantial benefit theory and the private attorney general theory under section 1021.5, is vacated where: 1) defendants did not waive their due process argument; 2) the district court's use over defendants' objection of ex parte, in camera submissions to support its fee order violated defendants' due process rights; but 3) the district court's discount of the lodestar for lack of success was not erroneous.
Appellate Information
- Decided
- Published 2016/04/20
Judges
- MARBLEY
Court
- United States Ninth Circuit