Radcliffe v. Experian Info. Solutions, No. 14-56101 (9th Cir. 2016)Annotate this Case
Appellants and appellees are two teams of named plaintiffs and their respective lawyers who disagree over the proper direction for a consumer class action settlement. In Radcliffe I, the court held that appellees created a conflict of interest by conditioning incentive awards for the class representatives on their approval of the proposed settlement agreement. On remand, appellants moved the district court to disqualify appellees’ counsel from representing the class based on that conflict. The court agreed with the district court that California does not apply a rule of automatic disqualification for conflicts of simultaneous representation in the class action context, and concluded that the district court did not abuse its discretion in determining that appellees’ counsel will adequately represent the class. Accordingly, the court affirmed the district court's denial of the qualification motion.