Opinion
10-P-1858
12-09-2011
CRYSTAL SALVAS v. WALMART STORES INC.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This appeal arises out of a class action brought on behalf of approximately 65,000 hourly wage employees against their employer, Wal-Mart Stores Inc. The plaintiffs ultimately reached a settlement with Wal-Mart totaling approximately $40 million. The terms of the settlement also provided that the plaintiffs' attorneys were to be awarded up to thirty-eight percent of the settlement amount, or approximately $15,200,000. On July 15, 2010, a judge of the Superior Court issued an award and allocation of attorney's fees detailing fee awards to the nine law firms seeking fees from the common fund that had been awarded to the attorneys. The Superior Court judge also had issued a cost order and judgment on June 25, 2010. Appellant Bonsignore & Brewer (B&B) appeals the judge's decisions as to both fees and costs.
On January 13, 2011, the Superior Court judge ordered that approximately $3.2 million be held in escrow pending the outcome of B&B's appeal, but ordered the rest of the funds dispersed. B&B also appeals that decision.
We discern no basis to set aside the careful analysis of the trial judge in his orders awarding costs and fees in this case, and we affirm the judgments of the Superior Court.
We also order that the Superior Court shall immediately disburse to the class counsel the costs and fees awarded on June 25, 2010, and July 15, 2010, respectively, with the exception of the approximately $3.2 million to be held in escrow until the final resolution of B&B's appeal. The distribution shall be pro rata, consistent with the Superior Court's order of January 13, 2011.
We further order B&B to pay the attorneys fees and costs associated with this appeal, pursuant to Fabre v. Walton, 441 Mass. 9 (2004). The appellees, within fifteen days of the date of this order, shall file with this court and serve on the appellant a submission detailing and supporting the amount of their attorney's fees and costs incurred on appeal, in accordance with the procedure described in Fabre. 441 Mass. 10-11. The appellee, within fifteen days thereafter, may file with this court and serve on the appellants an opposition to the amount of fees so claimed. Any payment of costs and fees is to be considered separate from the fees awarded to the plaintiffs' attorneys in the settlement agreement and is not to be deducted from the common fund.
Judgments affirmed.
By the Court (Berry, Trainor & Hanlon, JJ.),