Legal Opinion

Vizcaino v. Microsoft Corp.

Court of Appeals for the Ninth Circuit

Decided May 15, 2002No. Nos. 01-35494, 01-35644PublishedCited by 521 opinions

1Opinion of the Court

OPINION

SCHWARZER, Senior District Judge.

Once more we must address an issue arising out of the protracted litigation between Microsoft Corporation and its freelance workers, this time to decide whether the district court abused its discretion in the amount of attorneys’ fees it awarded to class counsel.

FACTUAL AND PROCEDURAL BACKGROUND

Beginning in 1987, Microsoft supplemented its workforce with workers known as “freelancers,” who agreed in writing that they would not be eligible for Microsoft employee benefits, including the Employee Stock Purchase Plan (“ESPP”) and the Savings Plus Plan…

2Cases cited18 opinions

  1. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  2. Kerr v. Screen Extras Guild, Inc.Court of Appeals for the Ninth Circuit · 1975
  3. In Re: The Prudential Insurance Company Of America Sales Practices LitigationCourt of Appeals for the Third Circuit · 1998
  4. Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher FarmsCourt of Appeals for the Ninth Circuit · 1990
  5. In Re Washington Public Power Supply System Securities Litigation. Class Chemical Bank, in Its Representative Capacity as Trustee for Bondholders, and Bernstein, Litowitz, Berger & Grossman Milberg, Weiss, Bershad, Specthrie & Lerach Molloy, Jones & Donahue, P.C. v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power Administration, Class and Lawrence Laub v. Continental Assurance Company v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power Administration, Class and Continental Assurance Company v. Berger & Montague, P.A. v. City of Seattle Oregon Public Entities, Benton Rural Electric Association, Washington Washington Public Power Supply System R.W. Beck and Associates Ebasco Services Incorporated United Engineers & Constructors, Inc. Director Participants' Committee Public Utility District No. 1, of Klickitat County United States of America, on Behalf of Itself and Its Agency, the Bonneville Power Administration State of Washington Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1994

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3Cited by521 opinions

  1. Staton v. Boeing Co.Court of Appeals for the Ninth Circuit · 2003
  2. In Re Bluetooth Headset Products LiabilityCourt of Appeals for the Ninth Circuit · 2011
  3. Savin v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2008
  4. Grant Fritsch v. Swift Transportation Co. of AzCourt of Appeals for the Ninth Circuit · 2018
  5. Rodriguez v. West Publishing Corp.Court of Appeals for the Ninth Circuit · 2009

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