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Reiff v. Metz et al

MEMORANDUM OF LAW in Support re: 41 MOTION for Attorney Fees.. Document

70 Cited authorities

  1. Blum v. Stenson

    465 U.S. 886 (1984)   Cited 8,974 times   4 Legal Analyses
    Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

  2. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 442 times   19 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  3. Boeing Co. v. Van Gemert

    444 U.S. 472 (1980)   Cited 1,044 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

  4. J. I. Case Co. v. Borak

    377 U.S. 426 (1964)   Cited 1,108 times   9 Legal Analyses
    Holding that “a right of action [under Section 14(a) ] exists as to both derivative and direct causes”

  5. In re Gen. Motors Corp. Pick-Up Truck Fuel Tank

    55 F.3d 768 (3d Cir. 1995)   Cited 1,154 times   4 Legal Analyses
    Holding that nothing in Rule 23 "can be read to authorize separate, liberalized criteria for settlement classes"

  6. Goldberger v. Integrated Resources, Inc.

    209 F.3d 43 (2d Cir. 2000)   Cited 886 times
    Holding that risk must be measured at the time the lawsuit is filed

  7. Bateman Eichler, Hill Richards, Inc. v. Berner

    472 U.S. 299 (1985)   Cited 368 times   2 Legal Analyses
    Holding that in pari delicto would not prevent defrauded tippee from bringing suit against defrauding tipper, at least absent further inquiry into “relative culpabilities” of tippee and tipper

  8. John Hancock Mut. Life Ins. Co. v. Harris Trust

    510 U.S. 86 (1993)   Cited 214 times   2 Legal Analyses
    Holding that variable annuities are not exempt from ERISA

  9. Graden v. Conexant

    496 F.3d 291 (3d Cir. 2007)   Cited 218 times   1 Legal Analyses
    Holding that, under ERISA, "participant" is a "distinct term[] of art" that "refers to an employee or former employee who takes part in his employer's plan."

  10. Van Vranken v. Atlantic Richfield Co.

    901 F. Supp. 294 (N.D. Cal. 1995)   Cited 302 times   1 Legal Analyses
    Holding that a multiplier of 3.6 was "well within the acceptable range for fee awards in complicated class action litigation" and that "[m]ultipliers in the 3–4 range are common"

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,548 times   173 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  12. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,657 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  14. Section 510 - Subordination

    11 U.S.C. § 510   Cited 1,715 times   23 Legal Analyses
    Seeking equitable subordination of pending punitive damages awards to the claims of unsecured creditors