Vicki Linneman v. Vita-Mix Corp., No. 19-3993 (6th Cir. 2020)Annotate this Case
Some Vita-Mix blenders contained tiny flecks of polytetrafluoroethylene, a substance commonly used in kitchen appliances and used in the blenders' seals. Normal wear-and-tear caused tiny pieces to rub off from the seal into the blender container. Blender owners filed this class action. The parties entered into a settlement for two classes of plaintiffs: a household class and a commercial class. Household class members could request either a $70 gift card or a replacement blade assembly. Commercial class members could request only a replacement blade assembly. The court preliminarily approved this settlement.
The court calculated attorneys' fees by multiplying the hours class counsel reasonably worked on the case by a reasonable hourly rate, resulting in an award of about $2.2 million. Based on the purportedly exceptional nature of the litigation, the court enhanced that figure by 75% for a final award of about $4 million, plus post-judgment interest.
The Sixth Circuit vacated. The district court correctly used the lodestar method of calculation and correctly interpreted the settlement agreement but erred when it determined the billing rates based on class counsel’s affidavits. A lawyer seeking fees has the burden to show the reasonableness of his billing rate with something in addition to the attorney’s own affidavits” The district court abused its discretion when it used an upward multiplier, without addressing a crucial question: whether this case involves “rare and exceptional circumstances.” The court upheld the award of post-judgment interest.