Courthouse News Service reports in "Tyson Damages Capped at $5 Million and Fees" that Judge Richard D. Bennett repeatedly expressed concerns about the $3 million plaintiffs attorneys' fees and court costs that could be paid by Tyson Foods under the terms of the settlement. Bennett said he would be hard-pressed to sign off on what he called such a disproportionate scale, with the plaintiffs' counsel set to get about 37.5 percent of the overall settlement total, while thousands of consumers net refunds capped at $50.  Tyson Foods was accused with falsely advertising that its chickens are raised without antibiotics.

Daniel C. Girard of Girard Gibbs LLP in San Francisco was one of five attorneys listed as representing the plaintiffs in the case, argued that the attorneys did more work per hour than what they settled for with the defendants, and that it will be documented through time slips and other record-keeping methods.  A fairness hearing is set for May 7 to determine attorney fees.