Legal Opinion
William Weinberger v. Great Northern Nekoosa Corp.
Court of Appeals for the First Circuit
Decided February 11, 1991No. 90-1822PublishedCited by 254 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal requires that we consider, for the first time, how a district court should respond to an application for attorneys’ fees made in conjunction with the voluntary discontinuance of a class action suit under circumstances where there is no common fund and the fees are to be paid pursuant to a “clear sailing” agreement. 1 We hold that in such a situation the district court should ordinarily exercise its equity jurisdiction and entertain the application. We hold further that, rather than merely rubber-stamping the request, the court should scrutinize it to ensure…
2Cases cited42 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Grendel's Den, Inc. v. John P. Larkin, Cambridge License Commission, Grendel's Den, Inc. v. John P. LarkinCourt of Appeals for the First Circuit · 1984
- Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
- Salim Aoude v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1989
37 more not listed; retrieve them via the Exa API.
3Cited by254 opinions
- In Re Bluetooth Headset Products LiabilityCourt of Appeals for the Ninth Circuit · 2011
- In Re: The Prudential Insurance Company Of America Sales Practices LitigationCourt of Appeals for the Third Circuit · 1998
- In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
- Rodriguez v. West Publishing Corp.Court of Appeals for the Ninth Circuit · 2009
- Massachusetts School of Law at Andover, Inc. v. American Bar Ass'nCourt of Appeals for the First Circuit · 1998
249 more not listed; retrieve them via the Exa API.