In Re American Bank Note Holographics, Inc.

How courts have described this case

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

• explaining that there is “substantial risk involved in proving scienter, because it goes directly to a defendant’s state of mind, and proof of state of mind is inherently difficult”
• awarding 30% because plaintiffs’ argument was “novel and risky” and because “counsel took a tremendous risk that, in the end, nothing would be recovered”
• granting 25% of the settlement fund for attorneys’ fees, in part, because “[t]he significant outlay of cash and personnel resources by Plaintiffs’ Counsel has been completely at risk”
• approving allocation plan and according counsel’s opinion “considerable weight” because there were “detailed assessments of the strengths and weaknesses of the claims asserted, the applicable damages, and the likelihood of recovery”
• recognizing, substantial risk in proving scien-ter
• settlement warrants approval where there were no objections and five shareholders sought exclusion out of a class of more than 5,000 members

Source: CourtListener parenthetical corpus (CC0).