Legal Opinion

Malchman v. Davis

Court of Appeals for the Second Circuit

Decided May 2, 1983No. 888, Docket 82-7759PublishedCited by 101 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This appeal is by objectors to the settlement of a class action antitrust suit. The settlement, while giving certain injunctive relief against some of the defendants, also waives any claim for damages for the defendants’ past conduct by several million members of the plaintiffs’ class(es). Coordinately, the settlement agreement covers a state court lawsuit for breach of fiduciary duty and conflict of interest arising out of the same facts. The settlement awards counsel fees and expenses totaling $2,325,-000 for the two law firms representing the plaintiffs. The settlement…

2Cases cited15 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
  3. Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
  4. City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
  5. East Texas Motor Freight System, Inc. v. RodriguezSupreme Court of the United States · 1977

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3Cited by101 opinions

  1. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  2. 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
  3. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
  4. In Re Warner Communications Securities LitigationDistrict Court, S.D. New York · 1985
  5. In Re Austrian & German Bank Holocaust LitigationDistrict Court, S.D. New York · 2000

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