Following approval of a class action settlement fund of $2.25 million for approximately 4,000 class members alleging illness from a resort norovirus outbreak, class counsel sought approval of an additional fee of $395,500 beyond an initial $600,000 fee.
The defendant opposed the motion, arguing the low take‑up rate—only 352 claims totalling approximately $333,000—made the total counsel fee disproportionate and unfair.
The court held that the value of a settlement for purposes of counsel fees may properly be measured by the total funds made available to the class rather than the amount actually claimed.
Considering the litigation risks undertaken, the benefits made available to class members, and policy reasons supporting incentives for class counsel, the court concluded the fee request was fair and reasonable.
The additional counsel fee was approved.