Pierce v. Visteon Corp.

Dist. Ct. did not err in awarding only $303,000 in attorney fees to plaintiffs’ class counsel as part of plaintiffs’ claim that defendant had failed to timely notify class members of their COBRA rights. While class counsel contended that he was entitled to additional fees from instant class members under “common fund” theory, counsel was not entitled to any additional fees, where his initial fees were received pursuant to fee-shifting statute. Ct. further noted that additional fees would be unwarranted in instant case where class counsel: (1) had filed untimely notice of appeal as to other aspects of underlying case; and (2) sought remand of case based, in part, on claim that certain class members had received too much compensation.