California Supreme Court

Mark Laffitte, Plaintiffs and Respondents v. Robert Half International Inc., Defendan — Liu, J…

August 11, 20161 Cal. 5th 480

Summary

This concurring opinion does not decide the appeal or announce a holding; it addresses practices that could improve the fairness, accuracy, and transparency of attorney-fee awards in class actions. It recommends that courts and litigants negotiate and provisionally approve fee terms at the outset, subject to later adjustment for unusual circumstances, and suggests enhanced adversarial review in high-value cases. Liu, J., concurring, also discusses the potential benefits of appointing a class guardian or fee expert to protect absent class members.