The Court Should Appoint Xxxxxxxxxx Xxxxxx & Xxxxxx As Class Counsel Sample Clauses

The Court Should Appoint Xxxxxxxxxx Xxxxxx & Xxxxxx As Class Counsel. When the Court certifies a class, it must also appoint class counsel who will represent the interests of the class fairly and adequately. Fed. R. Civ. P. 23(c)(1)(B), (g)(1). In doing so, the Court must consider: (1) the work counsel has done on the action; (2) counsels’ relevant experi- ence; (3) counsel’s knowledge of the applicable law; and (4) the resources counsel will commit to representing the class. Fed. R. Civ. P. 23(g)(1)(A). First, Xxxxxxxxxx has done enormous work on this action (as evidenced by the over 400 filings on the docket), and continues to represent a class as to claims against the Banner Defendants. Second, Xxxxxxxxxx has extensive experience. Courts have found that it is the “preeminent firm” in excessive fee litigation having “achieved unparalleled results on behalf of its clients” in the face of “enormous risks.” Xxxxx v. Cigna Corp., 2013 WL 12242015, at *2 (C.D.Ill Oct. 15, 2013). Third, Xxxxxxxxxx has relevant knowledge to act as Class Counsel. They are “experts in ERISA litigation,” Xxxxxxx v. Ameriprise Fin., Inc., 2015 WL 4246879, at *2 (X.Xxxx. July 13, 2015) (citation omitted), and “highly experienced,” Waldbuesser x. Xxxxxxxx Grumman Corp., 2017 WL 9614818, at *4 (X.X.Xxx. Oct. 24, 2017). Moreover, the firm was class counsel in Xxxxxx x. Xxxxxx Int’l, in which the Supreme Court held in a unanimous 9–0 decision that ERISA fiduciaries have “a continuing duty to monitor investments and remove imprudent ones[.]” 000 X.X. 000, 135 (2015). Fourth, the firm will continue to devote resources to this case. It continues to represent a class in claims against the Banner Defendants, and it is committed to devoting all necessary resources to representing the class and vigorously prosecuting this action. Thus, Xxxxxxxxxx Xxxxxx & Xxxxxx is a highly qualified legal representative of the Settlement class and should be appointed Class Counsel under Rule 23(g).
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