Moore v. United States

63 Fed. Cl. 781, 2005 U.S. Claims LEXIS 18, 2005 WL 241282
CourtUnited States Court of Federal Claims
DecidedJanuary 31, 2005
DocketNo. 93-134 L
StatusPublished
Cited by23 cases

This text of 63 Fed. Cl. 781 (Moore v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. United States, 63 Fed. Cl. 781, 2005 U.S. Claims LEXIS 18, 2005 WL 241282 (uscfc 2005).

Opinion

OPINION

BRUGGINK, Judge.

This is a class action in which plaintiffs seek compensation for the imposition of an easement for recreational trail use on their land. The parties seek approval of their proposed settlement pursuant to RCFC 23(e). Also pending is class counsel’s Motion for Approval of Contingency Fee.

[783]*783BACKGROUND

This court previously ruled that the government took an easement for public use without compensation. Glosemeyer v. United States, 45 Fed.Cl. 771 (2000) (including the consolidated ease Moore v. United States, No. 93-134L). Following a valuation trial as to 13 representative parcels, we determined just compensation for those parcels. Moore v. United States, 54 Fed.Cl. 747 (2002). We subsequently dismissed seven claims on defendant’s motion. Moore v. United States, 58 Fed.Cl. 134 (2003). The parties were able to resolve the amount of just compensation as to all but three of the remaining claims. On February 17 and 18, 2004, we held a second trial in St. Louis, Missouri as to the valuation of the final three claims: 6, 69, and 107. That trial resulted in a ruling as to the appropriate compensation for those claims. See Moore v. United States, 61 Fed.Cl. 73 (2004).

On September 24, 2004, counsel for the named plaintiffs and for the government filed a joint status report in which they indicated agreement on an amount of compensation and interest with respect to 288 claims (not including 6, 69, and 107). The parties proposed that the government pay $1,655,276.28 in principal and $2,326,531.29 in interest. They also proposed that the government pay a total of $1,000,000 for attorney fees and expenses pursuant to the Uniform Real Property Relocation Act (“URA”), 42 U.S.C. § 4654 (2000), for a total recovery of $5,065,820.62.

By order of November 18, 2004, the court directed the parties to provide notice to class members of the proposed settlement pursuant to RCFC 23(e). In that notice, class members were asked to notify class counsel in writing by December 15, 2004, of any objections to the terms of the settlement.1 Only one objection was received, from Mr. and Mrs. Robert Wyhs. The Wyhs and other class members were notified of an opportunity to appear in person at a hearing held on December 17, 2004 in St. Louis. Mrs. Wyhs was the only class member who appeared.2

On January 3, 2005, class counsel filed a Motion for Approval of Contingency Fee, asking the court to award fees of $1,883,630.12 out of the fund to be paid to the plaintiff class. Defendant has taken no formal position with respect to counsel’s request. Oral argument on the motion was held on January 12, 2005.

DISCUSSION

A. Proposed Settlement

While the law favors settlement, particularly in class actions, the court nevertheless has a crucial role in evaluating the terms of the settlement. In re General Motors Corp. Pick-Up Truck Fuel Tank Prod. Liab. Litig., 55 F.3d 768, 785 (3rd Cir.1995) (“While parties in a normal suit do not ordinarily require a judge’s approval to settle the action, class action parties do.”) This is because, under Rule 23(e) “the [trial] court acts as a fiduciary who must serve as a guardian of the rights of absent class members.... The court cannot accept a settlement that the proponents have not shown to be ‘fair, reasonable, and adequate.’ ”3 Id. (quoting Grunin v. Int’l House of Pancakes, 513 F.2d 114, 123 (8th Cir.1975)). In applying this standard, we find the elements set out in General [784]*784Motors helpful. These include such considerations as: (1) the complexity and duration of the litigation; (2) the reaction of the class to the settlement; (3) the stage of the proceedings; (4) the risks of establishing liability; (5) the risks of establishing damages; (6) the risks of maintaining a class action; (7) the ability of the defendants to withstand a greater judgment; (8) the range of reasonableness of the settlement in lieu of a judgment by the court; and (9) the range of reasonableness of the settlement in light of all the attendant risks of litigation. Id.

Despite the fact that the proponents of the settlement bear the burden of proving that these factors weigh in favor of approval, id. at 785, we note also that “the fact that a proposed settlement has already received preliminary approval [from plaintiffs’ counsel] counsels strongly in favor of approving the settlement even over any objections that may be lodged against it.” Nat’l Treasury Employees Union v. United States, 54 Fed.Cl. 791, 797-98 (2002). Moreover, “‘[w]ith such approval a decree is presumptively reasonable. An individual who objects, consequently, has a heavy burden of demonstrad ing that the decree is unreasonable.’ ” Id. at 798 (quoting Williams v. Vukovich, 720 F.2d 909, 921 (6th Cir.1983) (citations omitted)).

The settlement in this case comes after substantial court involvement with the merits of plaintiffs’ claims. The court has addressed numerous factual and legal questions. The parties also presented evidence of valuation on sixteen parcels. We feel competent, therefore, to evaluate the merits of the settlement in light of such General Motors factors as the complexity of the litigation, the risks of establishing liability and damages, the reasonableness of the settlement relative to a possible judgment by the court, and the risks of further litigation.

The court’s rulings, moreover, have given counsel ample indication of the court’s views. Counsel have carefully determined the amount of acreage affected for each claimant, agreed on the type of property use involved, and then applied the same valuation method for determining just compensation set out in our prior opinions. Moore, 61 Fed.Cl. at 73; Moore, 58 Fed.Cl. at 134; Moore, 54 Fed.Cl. at 747. In short, we are satisfied that the approach taken by counsel to resolving remaining claims is faithful to the court’s prior rulings, fully reflects the likelihood of success as well as the risks of further litigation, and is reasonable in all respects. See In re General Motors Corp., 55 F.3d at 784.

In addition, there was only one substantive objection to the proposed settlement. It concerned the Wyhs property. Mrs. Wyhs, who owns the property with her husband, objected to the valuation of her property on two bases. The first was that the land should have been viewed as commercial property, rather than agricultural land. The second was that the trail frontage agreed upon by the appraisers was inaccurate. She testified that 640 feet of her property underlies the trail, not 548.5 feet, the figure used in the proposed compromise settlement.

We are satisfied that counsel for the parties and their appraisers have appropriately assessed the value of the Wyhs property on the basis that it is agricultural land. We note that the Wyhs’ objection is based on the assertion that the presence alone of the former railroad made the property commercial. However, Mrs. Wyhs testified at the fairness hearing that the land is used for recreational purposes.4

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Cite This Page — Counsel Stack

Bluebook (online)
63 Fed. Cl. 781, 2005 U.S. Claims LEXIS 18, 2005 WL 241282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-united-states-uscfc-2005.