Plaintiffs in Kurtz v. Kimberly-Clark Corporation, — F.4th —-, 2025 WL 1802667 (2d. Cir. 2025), asserted false advertising claims against a manufacturer of flushable wipes, alleging that they paid a price premium based on the representation that the wipes were “flushable” when they in fact allegedly caused plumbing damage.
The district court granted preliminary approval for a “claims made” settlement for up to $20 million in compensation to the class. At the claim filing deadline, only $1 million had been claimed. After fairness hearings, the district court approved the class settlement and later approved $3.1 million in attorneys’ fees for class counsel. A class member objected to the settlement, arguing that a disproportionate amount of the total recovery went to class counsel instead of the class.Continue Reading Second Circuit Clarifies Analysis of Attorneys’ Fees in Class Action Settlement