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Old but interesting, the last letter in regards to the case shows some values of the case...
What should be taken into consideration as one factor under Gunter is the monetary value of the results achieved by class counsel. We now possess additional information to conduct a common fund cross-check of the lodestar. Based upon information provided by Mr. Dalton at the recent fee hearing, we learned that in addition to the $3.5 million in reimbursement payments, (which may not include the recent successful appeals for which checks have not yet been cut) there was approximately $13 to $16 million in covered prospective warranty work performed to class vehicles by BMW NA authorized dealers. In addition, because BMW NA is paying the legal fee separate from the claim fund, it should be added to the settlement value, not deducted, in performing a cross-check. In other words, one should first add $3.5 million plus $16 million plus $3.7 million equaling $23.2 million and then determine what percent that $3.7 million is of the $23.2 million, which is approximately 16% in terms of a cross-check. Using the $13 million number instead of $16 million, the percentage is 18%.
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