On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully illustrates the factors courts in the Fourth Circuit analyze when considering class action settlements and showcases the sizable fees plaintiffs’ attorneys can obtain. The case is In re Zetia (Ezetimibe) Antitrust Litigation, No. 2:18-md-02836-RBS-DEM.
Peter is an associate in the firm's Consumer Financial Services practice.
*Licensed to practice law in the District of Columbia; application pending for admission to Virginia Bar.
Plaintiffs who secure a preliminary injunction may now be able to recover attorney’s fees in the Eastern District of Virginia, due to the Fourth Circuit’s departure from its previous position that such plaintiffs are not “prevailing parties” for purposes of recovering attorney’s fees.