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
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