A lawyer who was a plaintiff in a class action against Bank of America that settled in 2002 and who claimed the $58 million attorney fee award for class counsel was flawed has struck out in his bid to have the award reevaluated.

The U.S. Court of Appeals for the Eighth Circuit rejected plaintiff David Oetting’s contention that the handling of the $490 million securities class action settlement over the Bank of America merger was so botched that it required a reevaluation of the fee and a disgorgement of $38 million already paid to class counsel.