Daily Labor Report®

Lawyers Want $21M in Attorneys’ Fees for Walmart Seating Case

Jan. 22, 2019, 5:29 PM

Attorneys for a class of Walmart cashiers are requesting $21.6 million in attorneys’ fees following the company’s agreement to pay out $65 million to settle claims it didn’t provide adequate seating at registers.

The settlement is the largest reached under California’s Private Attorneys General Act, which allows private citizens to pursue lawsuits on the state’s behalf. Under PAGA, successful plaintiffs can collect 25 percent of the relevant penalties.

The U.S. District Court for the Northern District of California granted preliminary approval for the multi-million dollar settlement on Dec. 6.

The class, led by plaintiff Nisha Brown, is estimated to be more than 100,000 individuals, according to the motion. The U.S. Court of Appeals for the Ninth Circuit signed off on the class’s certification in an unpublished 2016 opinion.

The attorneys also want an additional $312,000 in reimbursement for litigation costs that have accrued since 2009, when the complaint was first filed in state court.

In support of their demand, the legal team argue they have “collectively devoted” nearly 14,500 hours to the case, including review of the 1.7 million pages of documents and 1,000 hours of video Walmart produced during discovery.

The court will hear oral argument on the motion for attorneys’ fees at the end of March.

The Jones Law Firm and Righetti Glugoski, P.C., represent Brown. Greenberg Traurig, LLP in Denver represents Walmart.

The case is Brown v. Wal-Mart Stores, Inc., N.D. Cal., No. 5:09-cv-3339, motion filed 1/21/19.

To contact the reporter on this story: Porter Wells in Washington at pwells@bloomberglaw.com

To contact the editor responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com

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