· 4/18/1972
Fed. Sec. L. Rep. P 93,445 Alan Zients v. Willard J. Lamorte, Gertrude Aranow, Claimants-Appellants
Citations
- 459 F.2d 628
- 15 Fed. R. Serv. 2d 1541
- 1972 U.S. App. LEXIS 10019
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, even where late claims were ostensibly barred under the terms of a carefully negotiated agreement, “[u]ntil the fund created by the settlement is actually distributed, the court retains its traditional equity powers”
- allowing five late- filed claims where doing so “would result in only a miniscule reduction in recovery by timely claimants”
- accepting late-filed claims “would result in only a miniscule reduction in recovery by timely claimants”
- rejecting district court’s strict adherence to settlement agreement terms as an “unwarranted,” “narrow view of the court’s function in overseeing class actions pursuant to Rule 23”
- Rule 23(d)(2) was designed as a general statement of the equitable powers of the federal courts.
- “Until the fund created by the settlement is actually distributed, the court retains its traditional equity powers . . . to protect unnamed, but interested persons.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Lumbard, Kaufman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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