Kessler v. The Quaker Oats Company
- Kenneth Karas
- 7:24-cv-00526
- U.S. District Court · Southern District of New York
- 4
In Kessler v. The Quaker Oats Company, Judge Karas awarded class counsel fees and costs and approved $500 service awards.
The settlement class, class counsel, and the settlement class representatives were affected by the approved fee, cost, and incentive awards.
What happened
Kessler v. The Quaker Oats Company involved a request by Raymond Kessler, Hartence Hill, Lazaro Rodriguez, Teresa Herendeen, and Barbara Abreu for attorneys’ fees, litigation costs, and awards for the class representatives after a settlement.
The court found that notice of the fee request was adequate, no objections were made, and the $6.75 million settlement fund benefited eligible class members. The court found that class counsel had reasonably spent time and incurred costs prosecuting the case.
Judge Kenneth M. Karas granted the motion, awarded $2,250,000 in attorneys’ fees and costs, found that $72,003.41 in litigation costs were reasonably incurred, and approved a $500 incentive award for each settlement class representative.
The detailed version
- Kessler v. The Quaker Oats Company · No. 7:24-cv-00526
- Kenneth Karas
- Aug. 7, 2025
Background
The plaintiffs—Raymond Kessler, Hartence Hill, Lazaro Rodriguez, Teresa Herendeen, and Barbara Abreu—filed a motion for attorneys’ fees, litigation costs, and service awards on June 13, 2025. The motion followed a settlement agreement that created a $6.75 million cash settlement fund for the settlement class.
The court considered the settlement agreement, the motion, supporting declarations and exhibits, the lack of opposition or meritorious objections, arguments presented at a hearing, and the case papers. The court stated that notice of the fee and expense request complied with Federal Rule of Civil Procedure 23(h) and due process. Potential class members had an opportunity to object, but no objections to the fee provision or motion were made.
Fees and Costs
The court awarded $2,250,000 in attorneys’ fees and costs to class counsel. It noted that, as of June 2025, class counsel had collectively devoted approximately 1,485.49 hours to the litigation, with a lodestar—a calculation based on reasonable hours multiplied by reasonable hourly rates—of $1,535,306.41. Applying the factors identified in Goldberger v. Integrated Resources, Inc. and applicable law, the court found the requested award fair, reasonable, and appropriate.
The court also found that class counsel incurred $72,003.41 in litigation costs. It determined that the costs were reasonably incurred in the ordinary course of prosecuting the case and were necessary given the case’s complexity and scope. Class counsel were entitled to reimbursement, and they were directed to allocate the awarded fees and expenses among themselves based on their respective contributions to the litigation and settlement.
Service Awards and Ruling
The court approved an incentive award of $500 for each settlement class representative. It based the awards on the risks of bringing the lawsuit, the time and effort spent on the litigation, and the benefits the representatives helped obtain for settlement class members.
Judge Kenneth M. Karas granted the plaintiffs’ motion for attorneys’ fees, litigation costs, and service awards. The fees, costs, and service awards were to be paid and distributed according to the settlement agreement.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.