From How Appealing:
“This case is finito.” So ends an opinion that Seventh Circuit Judge Richard A. Posner issued today in typescript form on behalf of a unanimous three-judge panel of that court.
While this is not a benefits-related case, it is interesting as it reveals Judge Posner’s frustration with the “pathalogy” of class action litigation in general, and as yesterday’s post reveals, class action litigation in the ERISA arena is increasing. Excerpt:
We are disheartened that the litigation by the information-sharing class has been allowed to drag on for eight years, when it had no merit—and that as a matter of law, without need to take evidence. It is an example of the typical pathology of class action litigation, which is riven with conflicts of interest, as we discussed recently in Thorogood v. Sears, Roebuck & Co., supra, 547 F.3d at 744–46. The lawyers for the class could not concede the utter worthlessness of their claim because they wanted an award of attorneys’ fees. The lawyers for Fleet were reluctant to argue the utter worthlessness of the claim because they were able to negotiate a settlement that cost their client virtually nothing—provided they did not take such a strong stand that it jeopardized the class lawyers’ shot at a generous award of attorneys’ fees, and hence the settlement. And the objectors were motivated to exaggerate the value of the claim of the information- sharing class so that they could get a generous award of attorneys’ fees.