(December 16, 2015, 1:16 PM EST) -- WASHINGTON, D.C. — An appellate panel erred when it upheld a class settlement in which class counsel received more than 94 percent of the total cash recovery provided in the agreement and where donations of the defendant’s product to a charity of its choosing was considered part of the settlement’s value, Theodore H. Frank of the Competitive Enterprise Institute Center for Class Action Fairness argues in his petition for writ of certiorari filed Dec. 11 in the U.S. Supreme Court (Theodore H. Frank v. Joshua D. Poertner, et al., No. 15-765, U.S. Sup.)....