In Re Smart World Technologies, LLC

How courts have described this case

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

• “Surprisingly few cases have construed [section 328(a)’s] language, but those that have make it evident that it is a high hurdle to clear.”
• adopting totality of the circumstances test, “including whether the professional's application, or the court's order, referenced section 328(a), and whether the court evaluated the propriety of the fee arrangement before granting final, and not merely preliminary, approval”
• “[Sjimply because the size and scope of a settlement had not actually been anticipated, it does not follow that it was incapable of anticipation.”
• “Where the court pre-approves the terms and conditions of the retention under section 328(a), its power to amend those terms is severely constrained.”
• “[T]he prospect of prolonged litigation always exists, and was clearly anticipated by the parties, who made [the attorneys’] contingent fee a function of the length of the litigation.”
• “simply because the size and scope of a settlement had not actually been anticipated, it does not follow that it was incapable of anticipation.”

Source: CourtListener parenthetical corpus (CC0).