Background
Class counsel moved for approval of attorney’s fees from the settlement involving the SelectHealth Idaho and Aspirus cost-sharing-reduction dispute subclasses. Counsel sought five percent of that settlement, approximately $1.15 million.
SelectHealth Idaho and Aspirus did not oppose the request. Using the lodestar and hourly rates from the prior CSR-claims-settlement fee request, class counsel represented that the requested award produced an implied multiplier of 0.16 when considered solely against this settlement, and 3.74 when considered together with the prior CSR settlement fee award.
The Court’s Holding
The Court of Federal Claims granted the fee motion. It held that the requested five-percent award was reasonable for the reasons stated in its earlier opinion approving a five-percent fee award from the CSR Claims Settlement.
The court noted that the 3.74 combined implied multiplier fell within the Federal Circuit’s stated norm of one to four and was comparable to the 3.58 multiplier previously approved for the CSR Claims Settlement. Finding no just reason for delay under RCFC 54(b), the court directed entry of judgment for $1,150,145.25, payable to class counsel from the settlement fund.
Key Takeaways
- The court approved class counsel’s request for five percent of the SelectHealth Idaho and Aspirus CSR subclasses’ settlement.
- The approved award totaled $1,150,145.25 and must be paid from the settlement fund.
- The court found the resulting multiplier reasonable in light of its prior CSR-settlement fee ruling and Federal Circuit guidance.
Why It Matters
The order applies the court’s prior analysis of a CSR settlement fee award to a related subclass settlement, confirming that a five-percent common-fund award was reasonable on this record.
It also illustrates the court’s use of implied lodestar multipliers as a reasonableness check in class-action settlement fee awards.