· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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