Legal Opinion

In Re New Mexico Indirect Purchasers Microsoft Corp.

New Mexico Court of Appeals

Decided November 15, 2006No. 25,789PublishedCited by 42 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} In this case, we examine the reasonableness of attorney fees that were awarded on the basis of the common fund doctrine, pursuant to terms in a class action settlement agreement. We conclude that under the circumstances of this case, the settlement provisions regarding the common fund doctrine are dispositive and that the district court did not abuse its discretion in awarding fees by using the percentage-of-recovery method or in its application of the method. Relying on our evidentiary review of the Rule 16-105 NMRA factors used by the district court to evaluate…

2Cases cited93 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  4. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  5. City of Burlington v. DagueSupreme Court of the United States · 1992

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3Cited by42 opinions

  1. Atherton v. GOPINNew Mexico Court of Appeals · 2012
  2. Fallen v. GREP Southwest, LLCDistrict Court, D. New Mexico · 2017
  3. Rio Grande Sun v. Jemez Mountains Pub. Sch. Dist.New Mexico Court of Appeals · 2012
  4. Behrens v. Gateway Court, LLCNew Mexico Court of Appeals · 2013
  5. Rivera-Platte v. First Colony Life Ins. Co.New Mexico Court of Appeals · 2007

37 more not listed; retrieve them via the Exa API.

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