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In Americana Art China Co. v. Foxfire Printing and Packaging, Inc., No. 13-2569, 2014 U.S. App. LEXIS 2930 (7th Cir., Feb. 18, 2014), the Seventh Circuit rejected plaintiffs’ counsel’s attempt at a voluntary FRAP 42(b) dismissal of their appeal in favor of providing guidance to district courts on the determination of class action attorney fees.  The action claimed that defendant improperly “fax-blasted” 28,879 recipient class members with 110,853 illegal faxes in violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. §227.  The district court approved a class action settlement whereby defendant’s insurer agreed to make a $6.1 million settlement fund available to the class members based upon an agreed damage recovery of $55.03 for each improper fax.  The settlement included a “clear-sailing” agreement for a $2 million attorney fee to plaintiffs’ counsel based upon one-third of the total amount of the settlement fund, with a reversion to defendant’s insurer of any unused portion of the fund after payment of the attorney fee.  Id. at *2-3.

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Michael Gallub

Michael B. Gallub is a member of Herzfeld & Rubin, P.C. in New York City. He represents domestic and foreign clients in all phases of class action, multi-district and individual litigation in the areas of commercial/business, products liability, environmental, consumer and employment law. He has served as national and local lead counsel in class actions and product litigation in New York and throughout the United States. Michael’s experience includes the defense of putative nationwide and statewide class actions involving claims of consumer fraud, deceptive trade, unfair competition, false advertising, misrepresentation, product defect, breach of contract, breach of warranty, and violations of federal and state statutes. He also represents leading manufacturers and distributors of motor vehicles and other products in class action, product liability and commercial litigation. His environmental practice involves both litigation defense and representation before the EPA and other governmental agencies. Michael has published extensively in the areas of litigation, products liability and tort law, and has lectured at seminars, law schools and to in-house counsel on class action law and litigation. You can find further information about Michael on the firm’s website at www.herzfeld-rubin.com. You can reach Michael by phone at (212) 471-8536 or by e-mail at mgallub@herzfeld-rubin.com.

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