Not the company itself, but a coupon class action settlement that was being objected to by among others, Ted Frank of the Center for Class Action Fairness. Ted has visited our law school in the past and spoken on obesity lawsuits.
Posner: Why coupons? Why not cash?
Markoff: Frankly it comes down to what you can get a defendant to pay. And in this case they were entirely unwilling –
Posner: Well, they paid $1 million in attorneys fees, pretty generous.
Markoff: Yes, that’s true, judge.
Posner: Well, presumably if you didn’t have $1 million in attorneys fees they would have paid more to the class.
Markoff: Logically that makes sense. But I can tell you in this case, that was not the case.
Posner: So Radio Shack is not logical, you’re saying. Give me a reason for why it would be logical for a company to care how much the class got, relative to the plaintiffs’ counsel.
Markoff: Rationally, you’re absolutely correct.
Posner: So you’re saying they’re irrational?
Markoff: I only met the man once.
Posner: Struck you as a little crazy?
Markoff: All he made clear was his disdain for plaintiff attorneys.
For students who are interested in mooting pay attention to Ted Frank's oral argument (around minute 10). He did that with no notes!