Moulton v. US Steel Corp., No. 08-2311

In a class action lawsuit by the neighbors of a steel mill owned by United States Steel Corporation, district court's approval of a settlement is affirmed for the most part where: 1) the district court did not abuse its discretion in approving the release of the continuing-nuisance claims as the release is not far-reaching and it is not unfair, unreasonable or inadequate; 2) class-member awards of $300 is not unconscionably low as this objection is based on the misconception that the agreement releases all future tort claims; and 3) district court's approval of the attorney's fees award is vacated and remanded for further explanation. Finally, district court did not err by corralling the extent of an attorney's involvement in the case and the rest of his objections are rejected.     

Read Moulton v. US Steel Corp., No. 08-2311

Appellate Information

Argued: August 4, 2009

Decided and Filed: September 21, 2009

Judges

Opinion by Judge Sutton 

Counsel

For Appellant:  James P. Murphy, Berry Moorman PC

For Appellee:  J. Van Carson, Squire, Sanders & Dempsey LLP.