Is injunctive relief awarded in a class action a "relevant circumstance" that could warrant an upward departure from the benchmark?

MultiRegion, United States of America

The following excerpt is from Walters v. Target Corp., CASE NO. 3:16-cv-1678-L-MDD (S.D. Cal. 2020):

the value as a relevant circumstance that could warrant an upward departure from the benchmark. See, e.g., Staton v. Boeing, 327 F.3d 938, 974 (9th Cir. 2003) ("[W]here the value to individual class members of benefits deriving from injunctive relief can be accurately ascertained . . . courts [may] include such relief as part of the value of a common fund for purposes of applying the percentage method . . . When this is not the case, courts should consider the value of the injunctive relief obtained as a 'relevant circumstance' in determining what percentage of the common fund class counsel should receive as attorneys' fees, rather than as part of the fund itself.").

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