Schwartz v. Avis Rent a Car System

Case # 11-cv-04052
Case Name Schwartz v. Avis Rent a Car System
Jurisdiction US District Court for NJ
Summary

Plaintiffs allege that Defendant charges undisclosed fees to vehicle renters, in violation of the terms of the rental.  These actions constitute a violation of the New Jersey Consumer Fraud Act, as well as a breach of contract.

Final Approval Date 06/21/2016
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. The Court noted that "Class Counsel maintains [Chris Bandas] is a 'serial objector' whose objections should be discredited."  The Court found this to be "well taken" but still overruled Objector Ray on the merits.  (see Final Opinion, pg. 13, footnote)
  4. Objector Ray appealed the Final Approval.
  5. Class Counsel motioned for an appeal bond of $69,000 ($10,000 in costs and $59,000 in delay costs).
  6. The Court granted an appeal bond of $15,000, which was posted by Objector-Appellant Ray.
  7. The Ray appeal was voluntarily dismissed.
Dismissal of Last Appeal 11/21/2016
Attachments Docket Report.pdf
Third Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Motion for Fees and Response to Ray Objection.pdf
Final Opinion.pdf
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Objection of Mark Ray

Objectors Mark Ray
Signers Mark Ray
Janet L. Gold
Attorneys Janet L. Gold
Christopher A. Bandas
Robert W. Clore
Summary
  1. Settlement is overvalued.
  2. Value of discounts is illusory and forces class members to do business with Defendant in the future.
  3. Injunctive relief is illusory.
  4. Size of the class and claims-made settlement structure mean the settlement is inherently overvalued.
  5. Attorneys' fees are excessive.

NOTE:  Attorneys Bandas and Clore filed their appearances on the appeal.

Attachments Objection of Mark Ray.pdf
Gold Appearance for Objector Ray.pdf
Appeal of Objector Ray.pdf
Bandas Appearance for Objector-Appellant Ray.pdf
Clore Appearance for Objector-Appellant Ray.pdf
Motion for Appeal Bond from Objector-Appellant Ray.pdf
Ray Opposition to Motion for Appeal Bond.pdf
Order Granting in Part Motion for Appeal Bond.pdf
Notice of Objector-Appellant Ray Posting Appeal Bond.pdf
Dismissal of Ray Appeal.pdf
Ray Appeal Docket.pdf
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