Darryl Pierce v. Visteon Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• attorney not entitled to attorneys' fees from class's common fund as well as under fee-shifting statute
• “A common-fund award ... often builds in a multiplier in the cases where counsel prevails. Adding a common-fund award to a statutory ‘reasonable’ fee would undercut if not countermand Dague and similar decisions.”
• “[CJounsel asks us to put ERISA to one side and hold that he is entitled, in addition to $303,¾00 from [the defendant awarded pursuant to a fee-shifting provision after a verdict], to a supplemental award from the class.”
• “[T]his case was litigated under a fee-shifting statute, and we do not see a 27 good reason why, in the absence of a contract, counsel should be entitled to money from the class 1 on top of or in lieu of payment by the losing litigant.”

Source: CourtListener parenthetical corpus (CC0).