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28 U.S.C. § 1712 — Coupon settlements

submitted 21 years ago by Pub. L. 109-2 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 455 words · no verdicts yet

in plain englishAI-generated · not legal advice

In class settlements involving coupons, attorney fees tied to coupons must reflect redeemed value, while other fees must reflect reasonable time. Courts must scrutinize these settlements and may require distribution of unclaimed value.

(a) If a proposed class-action settlement gives class members coupons, the part of class counsel’s fee attributable to the coupons must be based on the coupons’ value to class members who redeem them. (b)(1) If part of the coupon recovery is not used to calculate the fee, the fee must be based on the time class counsel reasonably spent on the action. (2) The court must approve this fee and may include a proper fee for obtaining equitable relief, including an injunction. This does not bar using a lodestar multiplied by a factor to calculate fees. (c) If the settlement gives coupons and equitable relief, including an injunction, the coupon-based fee portion must be calculated under (a), and the other portion under (b). (d) In a coupon class action, on a party’s motion and in its discretion, the court may receive expert testimony from a qualified witness about the actual value of redeemed coupons to class members. (e) The court may approve a proposed coupon settlement only after a hearing and a written finding that it is fair, reasonable, and adequate for class members. The court may require the agreement to distribute some value of unclaimed coupons to one or more charitable or governmental organizations chosen by the parties. Proceeds distributed or redeemed under this subsection may not be used to calculate attorney fees under this section.

the actual law source: uscode.house.gov ↗public domain
(a)Contingent Fees in Coupon Settlements.—

If a proposed settlement in a class action provides for a recovery of coupons to a class member, the portion of any attorney’s fee award to class counsel that is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed.

(b)Other Attorney’s Fee Awards in Coupon Settlements.—
(1)In general.—

If a proposed settlement in a class action provides for a recovery of coupons to class members, and a portion of the recovery of the coupons is not used to determine the attorney’s fee to be paid to class counsel, any attorney’s fee award shall be based upon the amount of time class counsel reasonably expended working on the action.

(2)Court approval.—

Any attorney’s fee under this subsection shall be subject to approval by the court and shall include an appropriate attorney’s fee, if any, for obtaining equitable relief, including an injunction, if applicable. Nothing in this subsection shall be construed to prohibit application of a lodestar with a multiplier method of determining attorney’s fees.

(c)Attorney’s Fee Awards Calculated on a Mixed Basis in Coupon Settlements.—

If a proposed settlement in a class action provides for an award of coupons to class members and also provides for equitable relief, including injunctive relief—

(1)

that portion of the attorney’s fee to be paid to class counsel that is based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (a); and

(2)

that portion of the attorney’s fee to be paid to class counsel that is not based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (b).

(d)Settlement Valuation Expertise.—

In a class action involving the awarding of coupons, the court may, in its discretion upon the motion of a party, receive expert testimony from a witness qualified to provide information on the actual value to the class members of the coupons that are redeemed.

(e)Judicial Scrutiny of Coupon Settlements.—

In a proposed settlement under which class members would be awarded coupons, the court may approve the proposed settlement only after a hearing to determine whether, and making a written finding that, the settlement is fair, reasonable, and adequate for class members. The court, in its discretion, may also require that a proposed settlement agreement provide for the distribution of a portion of the value of unclaimed coupons to 1 or more charitable or governmental organizations, as agreed to by the parties. The distribution and redemption of any proceeds under this subsection shall not be used to calculate attorneys’ fees under this section.

Source credit: (Added Pub. L. 109–2, § 3(a), Feb. 18, 2005, 119 Stat. 6.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-2 · 119 Stat. 6

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-2 on 2005-02-18.

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