Speaking of which: “A New York appeals court has thrown out a $3.5 million class action settlement — and $790,000 in attorney fees — over snack foods that were found to have more fat than advertised. The court found that the trial judge who approved the settlement did not adequately consider the relevant factors in certifying a class over Pirate’s Booty snacks. The opinion also said the attorneys who worked on the case had offered an insufficient explanation of their work to justify the fees.” Manhattan journalist Meredith Berkman, who had filed the original suit, objected to the settlement and attempted to opt out of the class; her lawyer, David Jaroslawicz, said: “This is the type of thing that brought class settlements into disrepute”. (Tom Perrotta, “Court Rejects Class Settlement and Attorney Fees in Suit Over Nutrition Data”, New York Law Journal, Feb. 7). See Apr. 23-24, 2002.

More: Ted is covering the case in considerably more detail at Point of Law. Plus: David Giacalone (Feb. 10).

Filed under: class actions