Spatt v. New York

How courts have described this case

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

• recognizing distinction in treatment under S 1291 between fees as an element of damages and fees for a statutory prevailing party
• finding “[t]he McCann defendants^] total obligation to the class plaintiffs, and hence their total claim for damages against National Union, was not determined until the amount of the class action counsel fees had been set.”
• finding the trial court properly divided a fees award “in the exercise of its discretion in appraising the respective roles of all the defendants and their participation in this complex litigation”
• finding “[t]he McCann defendants[’] total obligation to the class plaintiffs, and hence their total claim for damages against National Union, was not determined until the amount of the class action counsel fees had been set.”
• “Essentially, Budinich concluded that an award of counsel fees to the prevailing party is not a part of the judgment, but rather is due because of the judgment.”
• “[T]he appropriate inquiry is whether [the defendant] offers competing services to the public.”

Source: CourtListener parenthetical corpus (CC0).