September 01, 2017

MONTH-IN-BRIEF: Business Litigation & Dispute Resolution

Mac R. McCoy, Sara Bussiere

Business Litigation

"Informational Benefit" Alone Can Provide Sufficient Benefit to Class

By Brendon Ishikawa

The Tenth Circuit recently affirmed a class-action settlement in In Re Motor Fuel Temperature Sales Practices litigation, in which ten major gasoline retailers agreed to fund the installation of gas pumps whose accuracy is unaffected by temperature changes. Compensation for class counsel was also affirmed, even though gasoline consumers might end up paying extra with the more accurate pumps. The Tenth Circuit held that the "potential information benefit" to consumers of accurate "fuel measurement for their fuel dollar" provided sufficient benefit to the class to render the settlement fair, reasonable, and adequate. 

Mac R. McCoy

United States Magistrate Judge, Middle District of Florida

Mac R. McCoy is a United States Magistrate Judge in the Fort Myers Division of the United States District Court for the Middle District of Florida.  Prior to his federal judicial appointment on July 1, 2015, Judge McCoy was a Shareholder in the National Trial and National Class Actions Practice Groups at Carlton Fields, P.A. in Tampa, Florida.

Sara Bussiere

Associate, Bayard

Sara E. Bussiere is an associate in Bayard’s Litigation Department. Sara concentrates her practice on corporate and commercial litigation in the Delaware Court of Chancery, Delaware Superior Court, and the United States District Court for the District of Delaware. Sara counsels clients concerning the General Corporation Law of the State of Delaware and Delaware’s alternative entity statutes. Sara has experience in a broad range of corporate matters, including fiduciary duty claims, corporate and alternative entity control disputes, advancement and indemnification claims, trade secret and noncompetition agreement disputes, and other breach of contract claims. Sara also has experience advising corporate entities in receivership or seeking dissolution.