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James et al v. China Grill Management, Inc. et al

MEMORANDUM OF LAW in Support re: 103 MOTION for Attorney Fees . . Document

38 Cited authorities

  1. EPIC Sys. Corp. v. Lewis

    138 S. Ct. 1612 (2018)   Cited 909 times   169 Legal Analyses
    Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA

  2. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,784 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

  3. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,650 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

  4. Boeing Co. v. Van Gemert

    444 U.S. 472 (1980)   Cited 1,027 times   3 Legal Analyses
    Holding that the district court properly assessed attorney's fees based on the total fund available to the prevailing class rather than the amount actually recovered

  5. Deposit Guaranty Nat. Bank v. Roper

    445 U.S. 326 (1980)   Cited 985 times   23 Legal Analyses
    Holding that denial of class certification is appealable after entry of final judgment

  6. J. I. Case Co. v. Borak

    377 U.S. 426 (1964)   Cited 1,102 times   9 Legal Analyses
    Holding that “a right of action [under Section 14(a) ] exists as to both derivative and direct causes”

  7. Vizcaino v. Microsoft Corp.

    290 F.3d 1043 (9th Cir. 2002)   Cited 1,070 times   1 Legal Analyses
    Holding state law governing underlying claims in a diversity action “also governs the award of fees”

  8. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 755 times   1 Legal Analyses
    Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"

  9. Goldberger v. Integrated Resources, Inc.

    209 F.3d 43 (2d Cir. 2000)   Cited 868 times
    Holding that risk must be measured at the time the lawsuit is filed

  10. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,387 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,858 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,327 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”