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Lawyers fight over $78 mln fee bid in T-Mobile data breach settlement
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Lawyers fight over $78 mln fee bid in T-Mobile data breach settlement
Jun 11, 2024 2:00 PM

June 11 (Reuters) - Attorneys challenging $78 million in

legal fees stemming from a data breach class action settlement

with T-Mobile urged a U.S. appeals court on Tuesday to throw out

the "windfall" award, arguing it made up an oversized share of

the $350 million settlement fund.

"This is exactly the kind of case that causes the public to

scoff at class actions," attorney Robert Clore told the St.

Louis-based 8th U.S. Circuit Court of Appeals. "My client gets

25 bucks and these attorneys are walking away with $7,000 to

$10,000 per hour."

The 2022 T-Mobile settlement resolved privacy claims

involving an estimated 76 million T-Mobile customers whose

personal information was compromised in data breach the year

before.

A judge in Kansas City, Missouri, approved the accord and

granted fees worth 22.5% of the $350 million fund for the class

lawyers, denying the challengers' objections at the lower court.

The three-judge appeals panel probed both sides during

Tuesday's hearing, trying to assess whether the objections were

in "bad faith" or based on legitimate concerns that the fee

award was excessive.

One of the class attorneys, Bradley Wilders, told the

panel that the challengers were "serial" class action objectors

who were motivated by financial self-interest.

Wilders in an earlier filing said class counsel so far had

invested more than 9,100 hours in the litigation. "Of the more

than 76 million Class members, only two appealed," he wrote.

Clore, Wilders and T-Mobile did not immediately respond to

requests for comment.

Another lawyer who challenged the fee amount, John Pentz, in

an email on Tuesday said the trial court was "hostile to

objectors rather than welcoming them."

The cases are Daruwalla v. Hampe, 8th U.S. Circuit Court of

Appeals, No. 23-2744; and Daruwalla v. Pentz, same court, No.

23-2798.

For objectors: Robert Clore of Bandas Law Firm; and John

Pentz

For class: Norman Siegel and Bradley Wilders of Stueve

Siegel Hanson; James Pizzirusso of Hausfeld; and Cari Campen

Laufenberg of Keller Rohrback

Read more:

Google slams opposing lawyers' $217 million fee bid in

privacy case

Judges did not 'rubberstamp' fees in $2.7 bln Blue Cross

deal, US Supreme Court told

Judge reinstates Wawa class action fee award shot down by

appeals court

Lawyers in US college aid case ask for $94 million in legal

fees

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