Vincent v. Hughes Air West, Inc.

557 F.2d 759 (9th Cir. 1977)

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Nature of the Case

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Facts

All occupants of the DC-9 were killed. The Marine pilot was killed, but the NFO parachuted to safety. As expected an avalanche of lawsuits was instituted. Certification of a class was requested, but various plaintiffs opposed that motion. The district judge ordered all of the air crash cases consolidated for the sole purpose of determining liability. The class certification was approved, but only under 23(b)(1) and (2) and thus the members were not permitted to opt out. This was oppose, but that opposition was denied. The lead firm then motioned the court that all settlements put 5% of the proceeds into a fund with the court clerk and that Hughes and the United States be prohibited from settlement without prior court approval and deposit of the 5%. That motion was granted. Eventually the fund exceeded $450,000 and a petition was made for disbursement. That was awarded to the lead firm less the costs incurred by the attorneys on the liability portion. That order was opposed by a number of parties in particular those class members who had settled prior to the order of class certification and a Jewel Vincent, whose husband had died. Jewel was determined that no one would profit from her husband's death and did not file suit but hired a law firm to negotiate a settlement on an hourly basis. That settlement was effected. The class had no provisions for unnamed plaintiffs. This appeal ensued.