Monday, June 01, 2009
Sommers Schwartz attorney Jason J. Thompson was lead class counsel in an air emission class action that was litigated for four years before being settled for $4.45 million dollars. Two class members objected to the settlement and when those objections were overruled by the trial judge, they appealed the settlement to the 6th circuit Court of Appeals.
The objectors asked the appellate court to find that the release of claims was too broad; the 30% attorney fee was too large; the $300-per-house settlement amount too low; and that class members should have been given a third opportunity to opt-out of the settlement. Out of 20,000 residents in the class, only these two objected. In so doing, they held up distribution of the money to the others, and the school districts of River Rouge and Ecorse, for the past year.
The 6th Circuit wholly rejected the objectors’ arguments and affirmed the settlement as fair and reasonable. You can view the opinion, which was approved for publication, by clicking here.