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· 2/11/1991

William Weinberger v. Great Northern Nekoosa Corp.

Citations

  • 925 F.2d 518
  • 19 Fed. R. Serv. 3d 472
  • 1991 U.S. App. LEXIS 1960
  • 1991 WL 14114

How courts have described this case

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

  • noting the requesting party’s “duty to lay a foundation for a[n evidentiary] hearing” on a motion for attorney’s fees
  • rejecting an appellant's assignment of error when the appellant sought relief below only by means of an undocketed letter
  • discussing oversight of attorney-fee agreements as necessary to prevent class-harming conflicts of interest between the plaintiff class and class counsel
  • inferring collusion from a “clear sailing” provi- sion when the attorney’s fees were to be paid on top of the settlement fund as this is counterintuitive defense behavior
  • “In applying for judicial approval of a fee award, it is the [movant’s] burden to furnish the evidence required, not the court’s burden to seek it out.”
  • “In general, a clear sailing agreement is one where the party paying the fee agrees not to contest the amount to be awarded by the fee-settling court so long as the award falls beneath a negotiated ceiling.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Cyr, Bownes

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.