Jesse Robidoux, et al v. Brian Rosengren, et al, No. 09-16674 (9th Cir. 2011)
Annotate this CasePlaintiffs appealed the denial of their motion to approve a proposed settlement of plaintiffs' housing discrimination claims against their landlords. At issue was whether the proposed settlement was fair and reasonable where the court rejected the proposed settlement on the basis that the provision of 56% of the total settlement value for attorney's fees was excessive and therefore not fair and reasonable to the minor plaintiffs. The court held that the district court abused its discretion by performing an overly broad review of the proposed settlement and considering factors and state court rules outside the narrow scope of the district court's review when the district court's special duty to protect minor plaintiffs required only that the district court consider whether the net recovery of each minor plaintiff was fair and reasonable, without regard to the amount received by the adult co-plaintiffs and what they had agreed to pay plaintiffs' counsel.
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