CCAF objected to this $0 settlement between Proctor & Gamble Company and consumers who purchased certain kinds of Pampers diapers where class counsel requested $2.73 million. After the settlement and fee request was approved, CCAF appealed.
The Sixth Circuit agreed with CCAF that the district court should not have given credit to imaginary and illusory valuations of class relief. The landmark decision acknowledged that the fairness of a class settlement must be analyzed by how it treats class members versus class counsel-a distinction that far too many judges fail to make.
Class counsel received nothing on remand and dropped the meritless action.