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· 6/2/2014

Kent Eubank v. Pella Corporation

Citations

  • 753 F.3d 718
  • 88 Fed. R. Serv. 3d 920
  • 2014 WL 2444388
  • 2014 U.S. App. LEXIS 10332

How courts have described this case

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

  • noting that a district judge must “estimate the likely outcome of a trial” in order to measure the adequacy of a proposed settlement
  • noting that \the judge rightly made incentive awards to the class representatives who had opposed the settlement as well as to those who had approved it\
  • lamenting “eight largely wasted years” of litigation and how much more still needed to be done in part due to the need to replace the lead plaintiffs
  • rejecting proposed class settlement in part because of the contingent nature of the relief provided to the class
  • “Class representatives are ... fiduciaries of the class members, and fiduciaries are not allowed to have conflicts of interest without the informed consent of their beneficiaries”
  • “If he was lying and actually thinks the case worthless how could he have been an effective class representative even if he had no conflict of interest?”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Williams, Tinder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.