Brody v. Merck & Co, Inc

Plaintiffs allege that Defendants marketed Coppertone-branded sunscreen as protecting against both UVA and UVB radiation. They did so despite knowing that their product did not provide adequate protection against UVB rays. These misleading claims lead consumers to purchase Coppertone products as opposed to other products that did over more comprehensive protection.

1. Final Approval granted.
2. All objectors appealed the Final Approval.
3. Class counsel moved to require an appeal bond of $260,500, split between the three appellant parties.
4. All objector-appellants moved in opposition to the appeal bond.
5. All appeals were voluntarily dismissed prior to the resolution of the appeal bond issue.

1. Attorneys' fees are excessive.
2. Relief available to class members is insufficient.
3. Cy pres awards only benefit a geographically limited portion of the class.

Objector Batman's initial response to the Motion for Appeal Bond incorrectly stated that he was a successful Objector-Appellant in In Re Baby Products Litigation. Class Counsel moved to strike this opposition, which was not resolved before the appeal was voluntarily dismissed.

NOTE: Christopher Bandas filed his appearance on the appeal.

1. Class representation is inadequate.
2. Cy pres awards improperly direct settlement funds away from the class.
3. By awarding money to third party cy pres recipients, class counsel should be required to forfeit all of their fees.

1. Cy pres awards improperly direct settlement money away from the class.
2. Injunctive relief is illusory.
3. Cy pres awards do not provide benefit to the class.
4. Attorneys' fees are excessive.