22 Cited authorities

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”
Missouri v. Jenkins
491 U.S. 274 (1989) Cited 2,348 times 2 Legal Analyses
Holding that reasonable attorney's fees includes the costs of paralegals' time
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
In re Rite Aid Corp. Securities Litigation
396 F.3d 294 (3d Cir. 2005) Cited 441 times
Holding that district court did not abuse its discretion in finding the absence of substantial objections by class members weighed in favor of approval
Gunter v. Ridgewood Energy Corp.
223 F.3d 190 (3d Cir. 2000) Cited 404 times 1 Legal Analyses
Finding risk of non-payment to be high when "the defendants were close to insolvency"
Matter of Continental Ill. Sec. Litigation
962 F.2d 566 (7th Cir. 1992) Cited 399 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
Camden I Condominium Ass'n, Inc. v. Dunkle
946 F.2d 768 (11th Cir. 1991) Cited 266 times
Holding that, as a general rule, 50% is the upper limit in common fund cases in the Eleventh Circuit
Maley v. Del Global Technologies Corp.
186 F. Supp. 2d 358 (S.D.N.Y. 2002) Cited 139 times
Finding that the negotiations leading to a class action settlement had been at arm's length in part because they had occurred over several months and had involved several in-person meetings
In re Thirteen Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire Litigation
56 F.3d 295 (1st Cir. 1995) Cited 167 times
Holding that in common fund cases, the court "may calculate counsel fees either on a percentage of the fund basis or by fashioning a lodestar," and explaining that "time logged is still relevant to the court's inquiry" even under the former method, because "time records tend to illuminate the attorneys' role in the creation of the fund, and, thus, inform the court's inquiry into the reasonableness of a particular percentage"
Furtado v. Bishop
635 F.2d 915 (1st Cir. 1980) Cited 206 times
Disallowing compensation for "Conf[erence] G. Sousa and travel," since the entry did not indicate the time spent in conference and "we are disinclined to compensate an attorney at professional rates for travel time. . . ."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 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"
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"
Section 149:152A - Payment to, or retention by, employer of tips to employees; contract for payment
Mass. Gen. Laws ch. 149 § 152A Cited 76 times 7 Legal Analyses
Defining a "[t]ip" as "a sum of money, including any amount designated by a credit card patron, a gift or a gratuity, given as an acknowledgment of any service performed by a wait staff employee, service employee, or service bartender"

Wood et al v. ZC Management LLC et al

22 Cited authorities

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”

Holding that reasonable attorney's fees includes the costs of paralegals' time

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

Holding that district court did not abuse its discretion in finding the absence of substantial objections by class members weighed in favor of approval

Finding risk of non-payment to be high when "the defendants were close to insolvency"

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

Holding that, as a general rule, 50% is the upper limit in common fund cases in the Eleventh Circuit

Finding that the negotiations leading to a class action settlement had been at arm's length in part because they had occurred over several months and had involved several in-person meetings

Disallowing compensation for "Conf[erence] G. Sousa and travel," since the entry did not indicate the time spent in conference and "we are disinclined to compensate an attorney at professional rates for travel time. . . ."

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"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Defining a "[t]ip" as "a sum of money, including any amount designated by a credit card patron, a gift or a gratuity, given as an acknowledgment of any service performed by a wait staff employee, service employee, or service bartender"