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Case Citations [i] (Spring 2026)

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                           THE AMERICAN


                             LAW INSTITUTE



                                   Spring 2026 Citations



 PRINCIPLES OF THE LAW OF AGGREGATE

                                LITIGATION



                       CHAPTER 3.   AGGREGATE SETTLEMENTS

                            TOPIC  2. CLASS  SETTLEMENTS

§ 3.13 Attorneys' Fees

C.A.3, 2025. Com. (a) quot. in ftn. Customers of a convenience store filed a class action against owner
of the store, asserting claims for negligence, negligence per se, breach of implied contract, unjust
enrichment, and violations of multiple state consumer-protection and data-privacy statutes arising out of
a data breach of the store's payment-processing servers. The district court approved a class settlement
reached during a mediation, which included, among other things, awarding fully transferrable e-gift
cards to customers who monitored their credit statements or who saw a fraudulent charge that required
some effort by a customer to sort out. This court affirmed, holding that the settlement, including the
awarded attorney's fees, was fair and reasonable. The court pointed out that the district court
emphasized that the gift cards awarded to consumers were not part of a coupon settlement, and cited
Principles of the Law of Aggregate Litigation § 3.13 in noting that, coupon settlements, unlike other
settlements, used the actual value of the coupons redeemed or distributed through a cy pres remedy for
purposes of calculating attorney's fees. In re Wawa, Inc. Data Security Litigation, 141 F.4th 456, 462.












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