One Comment

A couple or four points:

1) Ted Frank is quoted in the story about why this result is atypical;
2) Judge Diaz, who cut the fee award, is presently a nominee for the Federal Fourth Circuit Court of Appeals. This is something that should please Overlawyered readers, as there are many worse nominees the Obama administration could have chosen from North Carolina;
3) The linked story states that it’s uncertain whether other North Carolina judges will follow Judge Diaz’s analysis in evaluating class action settlement fairness. While it’s true that the North Carolina Business Court, on which Judge Diaz serves, is not an appellate court, its decisions are rather influential and may be cited favorably to other courts in the state. The intent in setting up the Court was to create something like Delaware’s Chancery Court, a specialized court of trial jurisdiction whose decisions nonetheless guide other courts even though they’re not binding as precedent. The Business Court hasn’t been as successful as was hoped, but it’s young;
4) The quote from Greg Jones, the local personal injury lawyer who brought in the out-of-state firm found to have charged too much per hour and too have overworked the case, is priceless. Mr. Jones feels sorry for his colleagues, but he’ll still make out quite well, especially considering that Wolf Popper did the bulk of the work while Mr. Jones came into the case because of his “internet marketing presence.”

I wish that my blog would bring me such sorrow.