Torrisi

Torrisi v. Tucson Electric Power Co.

Good Law
8 F.3d 1370
United States Court of Appeals for the Ninth CircuitNovember 3, 1993Nos. 92-15550, 92-15556 and 92-15557California4,128 words

Opinion

Lead Opinion

Thompson, J.

OVERVIEW

Appellants James Lazar and Patricia Reilly appeal the district court’s approval of a $30 million settlement of a class-action suit brought against Tucson Electric Power (“Tucson”), its executive officers and directors.

Lazar contends the notice of proposed settlement was improper because it was not timely and because it failed to inform class members of what they could expect to receive from the settlement. He also contends *1373 the settlement was inadequate and the amount of attorney fees awarded to counsel for the class was excessive. He argues further that class members were improperly divided into two subclasses, that the two subclasses were wrongly determined to be entitled to different portions of the settlement fund, and that the two subclasses should have been represented by separate legal counsel. Finally, he contends his counsel is entitled to fees from the common settlement fund, because the fund will benefit from interest earned on class counsel’s fee award during the pendency of this appeal.

Reilly, in addition to joining arguments made by Lazar, contends that the notice was inadequate because it failed to inform class members of the class attorneys’…

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