Legal Opinion

McDaniel v. County of Schenectady

Court of Appeals for the Second Circuit

Decided February 16, 2010No. 15-1732PublishedCited by 229 opinions

1Opinion of the Court

LIVINGSTON, Circuit Judge:

Plaintiffs-Appellants appeal from an order of the United States District Court for the Northern District of New York (Sharpe, J.), approving the settlement of a class action arising from alleged violations of the their constitutional rights, but awarding less than the requested fee to their attorneys from the common fund established by the settlement. Rather than base its attorneys’ fees calculation on a percentage of the fund, the district court elected to calculate fees using a variant of the lodestar method described by this Court in Arbor Hill Concerned Citizens…

2Cases cited36 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  5. Blanchard v. BergeronSupreme Court of the United States · 1989

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3Cited by229 opinions

  1. Wolinsky v. Scholastic Inc.District Court, S.D. New York · 2012
  2. Millea v. Metro-North RailroadCourt of Appeals for the Second Circuit · 2011
  3. Lore v. City of SyracuseCourt of Appeals for the Second Circuit · 2012
  4. Bergerson v. New York State Office of Mental HealthCourt of Appeals for the Second Circuit · 2011
  5. Laffitte v. Robert Half International Inc.California Supreme Court · 2016

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