Attorneys’ Fees Slashed in Bell & Howell Mouse Repeller Deal

An uncapped settlement between BHH LLC, which does business as Bell & Howell, and consumers who said its electronic mouse repellers didn’t keep pests away got final approval, but a New York federal court cut the plaintiffs’ attorneys’ fees by nearly $2 million.

An award of $3.98 million is appropriate, Judge William H. Pauley III of the U.S. District Court for the Southern District of New York said Tuesday.

Plaintiffs’ attorneys requested $5.8 million in fees and $700,000 in expenses following the tentative approval of a deal that gave class members refunds for Bell & Howell ultrasonic repellers, which are small plug-in devices that emit high-frequency sounds.

Joanne Hart and Sandra Bueno alleged the sounds aren’t intolerable to pests as advertised. They supported their suit in part with photos showing two mice sitting near a plugged-in repeller, a mouse climbing toward one of the devices, and a rodent sitting on top of another one.

They won class certification in 2017. Last year Bell & Howell agreed to a deal that would pay class members between $15 and $35.70 per unit purchased, up to six devices. Those with proof of purchase showing the price could receive full refunds.

The final payout is estimated to be between $2.12 million and $2.47 million, the court said.

Bell & Howell argued the fee sought was nearly three times the amount of money consumers had claimed, and urged the court to award the attorneys their $2.65 million lodestar--the lawyers’ hourly rates multiplied by time spent on the case.

In calculating fees, courts sometimes look at percentage of a settlement fund, but that doesn’t appear to be a useful metric in calculating fees for this claims-made settlement, the court said; lodestar is a more accurate measure.

Because of the atypical structure of the settlement, the high partner billing rates, and the substantial benefit given to the class, the court awarded class counsel a lodestar multiplier of 1.5, yielding a fee award of almost $3.98 million.

The court also allowed the $700,000 in litigation expenses and incentive awards of $5,000 for each of the two class representatives.

Bursor & Fisher PA represented the plaintiffs. Quinn Emanuel Urquhart & Sullivan LLP and Leahy Eisenberg & Fraenkel Ltd. represented Bell & Howell and Van Hauser LLC.

The case is Hart v. BHH LLC, S.D.N.Y., No. 1:15-cv-0480, 9/22/20.