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Clark v. American Residential Serv. LLC, No. B203476

By FindLaw Staff on July 07, 2009 2:22 PM

Trial court order approving a settlement in a class action labor lawsuit is vacated where the trial court: 1) did not receive and consider the information required for an understanding of the amount in controversy and the realistic range of outcomes of the litigation; 2) thus lacked the sufficient basis to make the requisite independent assessment of the reasonableness of the terms of the settlement; and 3) the court abused its discretion in giving incentive awards to the named plaintiffs of the magnitude approved in the case, and in awarding costs greater than the maximum amount specified in the notice given to the class.    

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Appellate Information
APPEAL from an order of the Superior Court for the County of Los Angeles. Mark V. Mooney, Judge. Reversed and remanded. 
SECOND APPELLATE DISTRICT, DIVISION EIGHT
Filed July 6, 2009

Judges
Before BAUER, J., RUBIN, Acting P.J., FLIER, J.
Opinion by BAUER, J.

Counsel
For Plaintiff: Law Office of Kevin T. Barnes, Kevin T. Barnes and Gregg Lander; Law Office of Joseph Antonelli, Joseph Antonelli and Janelle C. Carney.

For Defendant: Winston & Strawn, Lee T. Paterson, Amanda C. Sommerfeld and Emilie C. Woodhead.

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