Northeastern Engineers Federal Credit Union v. Home Depot, Inc., No. 17-14741 (11th Cir. 2019)Annotate this Case
The parties appealed the district court's award of attorney's fees in a class action settlement brought by banks against Home Depot to recover resulting losses from a data breach.
The Eleventh Circuit held that this was a contractual fee-shifting case, and the constructive common-fund doctrine did not apply. The court held that the district court erred by enhancing class counsel's lodestar based on risk; the district court did not abuse its discretion in compensating class counsel for time on the card-brand recovery process and for time spent finding and vetting class representatives; and there was no merit to Home Depot's contention that the district court's order did not allow for meaningful review. The court also held that the district court properly excluded attorney's fees from the class benefit, and the district court did not abuse its discretion by including the $14.5 million premiums in the class benefit. Accordingly, the court affirmed in part, vacated in part, and remanded.