Legal Opinion

In Re Excess Value Insurance Coverage Litigation

District Court, S.D. New York

Decided November 3, 2005No. M-21-84(RMB) (MDL-1339)PublishedCited by 5 opinions

1Opinion of the Court

ORDER DETERMINING COUNSEL FEES

RICHARD M. BERMAN, District Judge.

Recognizing that percentage of funds is the preferred method of assessing fees in a settlement like this, with lodestar analysis providing only a check, I can effectively gauge appropriate attorney fees only if I know the total value of the settlement. But although I am satisfied that the coupon settlement has value to the class, I am not confident of the redemption rate that has been projected and thus of the settlement’s total value. Therefore, I have determined to delay award of attorney fees until experience shows how many…

2Cases cited21 opinions

  1. Staton v. Boeing Co.Court of Appeals for the Ninth Circuit · 2003
  2. Goldberger v. Integrated Resources, Inc.Court of Appeals for the Second Circuit · 2000
  3. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.Court of Appeals for the Second Circuit · 2005
  4. Verizon Communications Inc. v. Law Offices of Curtis v. Trinko, LLPSupreme Court of the United States · 2004
  5. Cook v. NiedertCourt of Appeals for the Seventh Circuit · 1998

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

3Cited by5 opinions

  1. In re Heartland Payment Systems, Inc. Customer Data Security Breach LitigationDistrict Court, S.D. Texas · 2012
  2. In re Currency Conversion Fee Antitrust LitigationDistrict Court, S.D. New York · 2009
  3. Parker v. Time Warner Entertainment Co., LPDistrict Court, E.D. New York · 2009
  4. Schultz v. Hungry MacHine, Inc.District Court, District of Columbia · 2013
  5. In re Petrobras Sec. Litig.District Court, S.D. Illinois · 2018

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