Ninth Circuit Confirms Heightened “Fair, Reasonable and Adequate” Standard and Knocks Attorneys’ Fees (Again)

In an unreported but nonetheless instructive opinion, the Ninth Circuit took another swipe at negotiated attorneys’ fees in class action settlements. In Maree v. Deutsche Lufthansa, AG , Case No. 23-55795, 2025 WL 2268254 (9th Cir. Aug. 8, 2025), the Court vacated the District Court’s final approval order and remanded for further consideration in part because the negotiated attorneys’ fees seemed disproportionate in light of the “subtle signs of collusion” identified in In re Bluetooth Headset Products Liability Litigation , 654 F.3d 935, 947 (9th Cir. 2011) —i.e., the proportionality of attorneys’ fees, a “clear sailing arrangement” under which the defendant agrees not to challenge the plaintiff’s fee request, and the reversion of unclaimed funds to the defendant—and the recognized