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DeFalco v. Vibram USA, LLC et al

MEMORANDUM in Support re MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - LEAVE TO FILE GRANTED ON AUGUST 4, 2014 -

62 Cited authorities

  1. Hensley v. Eckerhart

    461 U.S. 424 (1983)   Cited 21,574 times   7 Legal Analyses
    Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute

  2. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,233 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"

  3. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,309 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  4. Johnson v. Georgia Highway Express, Inc.

    488 F.2d 714 (5th Cir. 1974)   Cited 7,675 times   6 Legal Analyses
    Holding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee

  5. Boeing Co. v. Van Gemert

    444 U.S. 472 (1980)   Cited 1,029 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

  6. Mills v. Electric Auto-Lite

    396 U.S. 375 (1970)   Cited 1,401 times   6 Legal Analyses
    Holding that causation of damages by materially misleading proxy misstatement could be established by showing that proxy solicitation was an "essential link in the accomplishment of the transaction"

  7. Vizcaino v. Microsoft Corp.

    290 F.3d 1043 (9th Cir. 2002)   Cited 1,075 times   1 Legal Analyses
    Holding state law governing underlying claims in a diversity action “also governs the award of fees”

  8. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,390 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

  9. Lindy Bros. Bldrs., Phila. v. Am. R. S. San

    487 F.2d 161 (3d Cir. 1973)   Cited 875 times
    Finding "value of an attorney's time generally is reflected in his normal billing rate"

  10. Matter of Continental Ill. Sec. Litigation

    962 F.2d 566 (7th Cir. 1992)   Cited 396 times
    Holding that when a common fund case has been prosecuted on a contingent basis, plaintiffs' counsel must be compensated adequately for the risk of non-payment

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 times   1234 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 1715 - Notifications to appropriate Federal and State officials

    28 U.S.C. § 1715   Cited 1,228 times   21 Legal Analyses
    Providing list of information required to be included with the CAFA notice

  13. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 973 times   8 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.