Silverman v. Motorola Solutions, Inc.

Dist. Ct. did not err in approving class counsel's request for attorney fees that represented 27.5% of $200 million settlement of class action claim by class members/defendant’s investors, who alleged that defendant made certain misrepresentations regarding its ability to deliver competitive mobile telephone, even though fee awards typically averaged 10.2% for settlements in $100 to $250 million range. Instant case posed substantial risk of failure for class counsel, and class member who challenged instant award failed to bring to Dist. Ct.’s attention any data showing that instant percentage substantially exceeded norm for large class action settlements. Moreover, Ct. noted that large institutional investors that represented 70% of claims to settlement fund did not raise any objection to fee award. Ct. further dismissed appeal of another challenger to fee award, where said individual had not filed claim to his share of settlement fund, and thus had no standing to challenge fee award.