Morris

Morris v. Lifescan, Inc.

Good Law
54 F. App'x 663
United States Court of Appeals for the Ninth CircuitJanuary 16, 2003Nos. 02-15765, 02-15779; DC No. CV 98-20321 JFCalifornia455 words

Opinion

Lead Opinion

*664 MEMORANDUM **

Class members Darlene Tyler and Catherine Jackson appeal the district court’s attorneys’ fee award to class counsel of 33 percent of the $14.8 million cash settlement. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Appellants contend that the district court erred by failing adequately to justify its upward departure from this circuit’s benchmark for attorneys’ fee awards of 25 percent. We review a district court’s award of class action attorneys’ fees for abuse of discretion. Lobatz v. U.S. West Cellular, Inc., 222 F.3d 1142, 1148 (9th Cir.2000). Twenty-five percent is the benchmark attorneys’ fee award in common fund cases. Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1047 (9th Cir.2002) (citing Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir.1989)). The district court may adjust the percentage “upward or downward to account for any unusual circumstances involved” in the case. Paul, Johnson, 886 F.2d at 272 . “Selection of the benchmark or any other rate must be supported by findings that take into account all of the circumstances of the case.” Vizcaino, 290 F.3d at 1048 .

Having reviewed the record on this issue, we…

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