In Re Cendant Corp., Derivative Action Litigation

How courts have described this case

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

• noting that the ease had been pending for four years and required a great deal of discovery, motion practice, and the development of new law
• noting that an extremely small number of complaints regarding the proposed fees supports approval of the requested fees
• recognizing that the risk of being unsuccessful and thus not getting paid is a risk confronted by all attorneys in every case taken on a contingency-fee basis and determining that the risk of nonpayment factor was “neutral” in the evaluation of approving fees
• determining this factor weighed in favor of approving fees where six of the 200,000 shareholders noticed objected to fees
• determining this factor weighed in favor of approving fees where there was a chance that the defendant might go out of business and the plaintiffs confronted risks in establishing the defendant’s liability
• “Given that no formal objection was filed to the settlement itself, there is little doubt that this factor weighs in favor of approval of the Settlement Agreement.”

Source: CourtListener parenthetical corpus (CC0).