Harshbarger v. Pennsylvania Mutual Life Insurance

Case # 12-cv-06172
Case Name Harshbarger v. Pennsylvania Mutual Life Insurance
Jurisdiction US District Court for E.D. PA
Summary

Plaintiffs allege that Defendants failed to properly pay out dividends to holders of "participating" life insurance policies, in violation of Pennsylvania law.

Final Approval Date 12/20/2017
Result
  1. Final Approval granted.
  2. The Court noted that "[b]ecause this objection is untimely, the Court need not, and will not consider its merit...Moreover, this Court is not entirely convinced that Mr. Brown is a Settlement Class Member or has standing to object to any portion of the Settlement Agreement." (see Order Granting Attorneys' Fees, page 6, footnote)
  3. Objector Brown appealed the Final Approval.
  4. The Brown appeal was voluntarily dismissed.  Objector-Appellant Brown made no appellate filings.
Dismissal of Last Appeal 01/30/2018
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
Final Approval Order.pdf
Order Granting Attorneys' Fees.pdf
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Objection of Jeff M. Brown

Objectors Jeff M. Brown
Signers Patrick Sweeney
Attorneys Patrick Sweeney
Summary
  1. Attorneys' fee motion is improperly due after objection deadline.
  2. Claims process lacks sufficient oversight.
  3. A portion of the attorneys' fees should be withheld to provide adequate oversight.
  4. Attorneys' fees do not reflect actual recovery by the class.
  5. Attorneys' fees are excessive and not supported by the docket record.
  6. Attorneys' billing records have not been submitted.
  7. Settlement lacks a cy pres provision.

NOTE:  The objection was signed by "Jeff M. Brown/PSS" and Patrick Sweeney signed the certificate of service.

NOTE:  Class counsel argued that Objector Brown's objection was untimely, since the objection deadline was July 28, 2017 and the objection was not filed with the Court until August 14, 2017.

Attachments Objection of Jeff M. Brown.pdf
Plaintiffs' Response to Brown Objection.pdf
Appeal of Objector Brown.pdf
Dismissal of Brown Appeal.pdf
Brown Appeal Docket.pdf
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