The court's opinion is not quite a rubber-stamp of the defendants' proposed order and opinion, but it's pretty close. The court distinguishes precedent by claiming the cases we cited did not have severable attorneys' fees, but that (1) is a distinction without an economic difference and (2) is not universally true. The attorneys' fees were severable in Crawford v. Equifax, for example, as that settlement obliged only the payment of "reasonable" fees to be set by the court.
The critical issue of the fees to the attorneys has not yet been decided.
Wednesday, September 16, 2009
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