In re Shop-Vac Marketing and Sales Practices Litigation

Shop-Vac manufactures and sells wet and dry vacuum cleaners, including certain models only available at Lowe's.  Plaintiffs allege that the horsepower and holding capacity of these vacuums was overstated, leaving consumers with less powerful and effective vacuums than they believed they were purchasing.

1. Final Approval granted.
2. All objections were overruled.
3. Objectors Vullings and Morales appealed the Final Approval.
4. Class counsel motioned for an appeal bond of $32,000 from the Objector-Appellants.
5. The Court granted an appeal bond of $5,000 from each Objector-Appellant.
6. Objector Vullings appealed the issuance of the appeal bond and motioned for a stay of the bond.  The stay was denied.
7. Both objectors posted the appeal bond.
8. Both objections were voluntarily dismissed.

1. Settlement lacks meaningful injunctive relief.
2. Efficacy of the notice plan is questionable.
3. Class representative incentive award is excessive.
4. Attorneys' fees are excessive.
5. Class administration costs are excessive.
6. Opt-out procedures are overly burdensome.

1. Injunctive relief is inadequate.
2. Warranty relief is inadequate.
3. Release is overbroad.
4. Attorneys' fees should be withheld until value of injunctive and warranty relief is known.
5. Warranty provisions should be considered coupons.