Seventh Circuit: Ira Holtzman v. Gregory Turza

Class Actions, Fees


In a statutory class action where individual recovery is specifically delineated in the statute, class counsel cannot be paid based on the value of the common fund.

Order to pay full statutory amount to remaining claimants once the fees have been satisfied was error.

Court is not obligated to make a cy pres distribution of remaining funds -- can return balance to deft.


 Ira Holtzman v. Gregory Turza