Reasonable attorneys' fees are determined by multiplying the reasonable hourly rate by the hours worked and adjusting for the contingency of success and the quality of the work.
Following a class action settlement in an antitrust matter, the district court awarded attorneys' fees to counsel representing the class and denied fees to other petitioning attorneys. Unrepresented class members and the denied attorneys appeal. The court holds that under the equitable fund doctrine, attorneys may petition for fees directly to compensate for services benefiting the class. To determine reasonable fees, the court must first ascertain the hours spent on specific activities, value those services using a reasonable hourly rate as a lodestar, and adjust for the contingent nature of the success and the quality of the work. Because the district court failed to hold an evidentiary hearing to resolve disputed factual matters regarding these factors, it abused its discretion.
At page 167 Determining attorney fees by ascertaining hours spent130 citing cases“the value of an attorney's time generally is reflected in his normal billing rate.”
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany & Albany Cnty. Bd. of Elections, 522 F.3d 182 (2d Cir. 2008).published ([T]he first inquiry of the court should be into the hours spent by the attorneys.)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, No. 06-0086-cv (2d Cir. Apr. 10, 2008).published ([T]he first inquiry 9 of the court should be into the hours spent by the attorneys . . 10 . .)
- Arbor Hill Concerned Citizens Neighborhood Assoc. v. Cnty. of Albany, 493 F.3d 110 (2d Cir. 2007).published ([T]he first inquiry of the court should be into the hours spent by the attorneys....)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, No. 06-0086-cv (2d Cir. July 12, 2007).published ([T]he first inquiry 9 of the court should be into the hours spent by the attorneys . . 10 . .)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, 484 F.3d 162 (2d Cir. 2007).published ([T]he first inquiry of the court should be into the hours spent by the attorneys ....)
- Schefke v. Reliable Collection Agency, Ltd., 32 P.3d 52 (Haw. 2001).published The dissent argued that “[a]ll else being equal, attorneys naturally will prefer eases where they will be paid regardless of the outcome, rather than cases where they will be paid only if they win” and that “[cjases of the latter type are…
- Becker v. ARCO Chem. Co., 15 F. Supp. 2d 621 (E.D. Pa. 1998).published([T]he court may find that the reasonable rate of compensation [for an attorney] differs for different activities.)
- Gulfstream III Assocs., Inc. v. Gulfstream Aerospace Corp., 995 F.2d 414 (3d Cir. 1993).published (value of an attorney’s time generally is reflected in his normal billing rate)
- Student Pub. Interest Rsch. Grp. of New Jersey, Inc. v. At & T Bell Labs., 643 F. Supp. 961 (D.N.J. 1986).published(The value of an attorney’s time generally is reflected in his normal billing rate.)
- Jacoby Donner, P.C. v. Aristone Realty Capital, LLC, No. 2:17-cv-02206 (E.D. Pa. Aug. 28, 2020).“without some fairly definite information as to the hours devoted to various general activities, e.g., pretrial discovery settlement negotiations . . . the court cannot know the nature of the services for which compensat…”
Show 114 more citing cases
- Equivest St. Thomas, Inc. v. Gov't of the Virgin Islands, 46 V.I. 447 (D.V.I. 2004).published(the value of an attorney’s time generally is reflected in his normal billing rate)
- In re Unisys Corp. Retiree Med. Benefits Erisa Litig., 886 F. Supp. 445 (E.D. Pa. 1995).published This doctrine has been justified by basic equity: in terms of its prevention of unjust enrichment, Trustees v. Greenough, 105 U.S. 527, 582 , 26 L.Ed. 1157 (1882); Sprague v. Ticonic Nat’l Bank, 307 U.S. 161, 166 , 59 S.Ct. 777, 780 , 83 L…
- Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 483 U.S. 711 (1987).published Builders, Inc. v. American Radiator & Standard Sanitary Corp., 487 F. 2d 161 , 168 (CA3 1973) (“‘No one expects a lawyer whose compensation is contingent upon his success to charge, when successful, as little as he would charge a client wh…
- Kunze v. Baylor, No. 24-11040 (5th Cir. Mar. 5, 2026).unpublishedId. at 167.
- Shaw v. Vetforce, Inc. Pennsylvania, No. 4:23-cv-01868, 2025 WL 83511 (M.D. Pa. Jan. 13, 2025).Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir. 1973)).
- In re Wawa, Inc. Data Sec. Litig. v., 85 F.4th 712 (3d Cir. 2023).publishedId. at 167-68.
- Alison Ray v. AT&T Mobility Servs. LLC, No. 2:18-cv-03303, 2022 WL 1203730 (E.D. Pa. Apr. 22, 2022).Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir. 1973).
- E.I.H. v. Fair Lawn Bd. of Educ., No. 2:15-cv-08658, 2021 WL 1153139 (D.N.J. Mar. 25, 2021).unpublished“some fairly definite information as to the hours devoted to various general activities”
- In re Milbourne, 557 B.R. 376 (Bankr. E.D. Pa. 2016).published“legal reputation and status”
- Laffitte v. Robert Half Int'l Inc., 376 P.3d 672 (Cal. 2016).published This figure provides the only reasonably objective basis for valuing an attorney‘s services.‖ (Lindy I, supra, 487 F.2d at p. 167.) Quoting from a district court decision, Lindy I expressed the fear ― ‗that the bar and bench will be brough…
- Barley v. Fox Chase Cancer Ctr., 54 F. Supp. 3d 396 (E.D. Pa. 2014).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973).
- Nat'l Law Ctr. On Homelessness & Poverty v. United States Dep't of Vet. Affairs, 10 F. Supp. 3d 21 (D.C. Cir. 2013).publishedRadiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973)).
- Former Employees of BMC Software, Inc. v. United States Sec'y of Labor, 519 F. Supp. 2d 1291 (Ct. Int'l Trade 2007).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973)).
- United Auto. Workers Local 259 Soc. Sec. Dep't v. Metro Auto Ctr., 501 F.3d 283 (3d Cir. 2007).published Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167-69 (3d Cir. 1973), but more recently the Supreme Court has sharply limited the number of factors which can be considered in adjusting the lodestar a…
- Interfaith Cmty. Org. v. Honeywell Int'l, Inc., 336 F. Supp. 2d 370 (D.N.J. 2004).published In Lindy I, the Court of Appeals for the Third Circuit stated that “[t]he value of an attorney’s time is reflected in his normal billing rate.” 487 F.2d at 167.
- Lealao v. Beneficial California, Inc., 82 Cal. App. 4th 19 (Cal. Ct. App. 2000).publishedCorp. (3d Cir. 1973) 487 F.2d 161, 167-169 (Lindy I).) Despite its primacy, the lodestar method is not necessarily utilized in common fund cases.
- Goldberger v. Integrated Resources, 209 F.3d 43 (2d Cir. 2000).published A year after Blum, the Third Circuit, which had been a vigorous champion of the lodestar method, see Lindy, 487 F.2d at 167, commissioned a blue ribbon task force to review the matter.
- Goldberger v. Integrated Resources, Inc., 209 F.3d 43 (2d Cir. 2000).published A year after Blum, the Third Circuit, which had been a vigorous champion of the lodestar method, see Lindy, 487 F.2d at 167, commissioned a blue ribbon task force to review the matter.
- Brytus v. Spang & Co., 203 F.3d 238 (3d Cir. 2000).Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167-69 (3d Cir.1973), but more recently the Supreme Court has sharply limited the number of factors which can be considered in adjusting the lodestar am…
- Jean E. Brytus John Lazor Wheat Giacobbe John Stanko Steve Kotyk Alex Warcholak, & Others Similarly Situated John Kotyk Sam Borielle, Jr., & Others Similarly Situated Edward J. Golonka, & Others Similarly Situated v. Spang & Co. Union Nat'l Bank Pension Plan, for Former Bargaining Unit Employees of Fort Pitt Bridge & Elec. Weld Divisions at Cannonsburg, Pa Plant United Steelworkers of Am., Afl-Cio-Clc., a Labor Org. Edward J. Golonka, & Others Similarly Situated v. Spang & Co. Pension Plan, for Former Bargaining Unit Employees of Fort Pitt Bridge & Elec. Weld Divisions at Cannonsburg, Pa Plant United Steelworkers of Am. Daniel P. McIntyre Esq. & Schwartz, Steinsapir, Dohrmann & Sommers, LLP, 203 F.3d 238 (3d Cir. 2000).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167-69 (3d Cir. 1973), but more recently the Supreme Court has sharply limited the number of factors which can be considered in adjusting the lodestar a…
- Chun v. Bd. of Trs. of ERS, 992 P.2d 127 (Haw. 2000).published Id. at 168.
- Stover v. Riley, 30 F. Supp. 2d 501 (E.D. Pa. 1998).published Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973)).
- Sucre v. Mic Leasing Corp. (In re Sucre), 226 B.R. 340 (Bankr. S.D.N.Y. 1998).publishedBuilders, Inc. of Phila. et al. v. American Radiator & Standard Sanitary Corp. et al., 487 F.2d 161, 167 (3rd Cir.1973).
- Petruzzi's, Inc. v. Darling-Delaware Co., 983 F. Supp. 595 (M.D. Pa. 1997).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973) (Lindy I).
- Goodrich v. E.F. Hutton Grp., Inc., 681 A.2d 1039 (Del. 1996).published Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167-68 (3d Cir.1973).
- Bowling v. Pfizer, Inc., 922 F. Supp. 1261 (S.D. Ohio 1996).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167-68 (3rd Cir.1973), courts began with increasing frequency to use the lodestar approach to calculate fee awards in common fund cases.
- Merola v. Atl. Richfield Co., 493 F.2d 292 (3d Cir. 1974).published
- Lindy Bros. Builders, Inc. Of Philadelphia v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- Keown v. Storti, 456 F. Supp. 232 (E.D. Pa. 1978).published
- Knutson v. Daily Review, Inc., 479 F. Supp. 1263 (N.D. Cal. 1979).published
- Donnarumma v. Barracuda Tanker Corp., 79 F.R.D. 455 (C.D. Cal. 1978).published
- Lindy Bros. Builders v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- In the Matter of First Colonial Corp. Of Am., Bankrupt. Am. Benefit Life Ins. Co., Appellants-Cross-Appellees v. Franz J. Baddock, Tr., Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of Am., Bankrupt. Bert K. Robinson v. Am. Benefit Life Ins. Co., 544 F.2d 1291 (1st Cir. 1977).published
- William B. Ursic v. Bethlehem Mines, 719 F.2d 670 (3d Cir. 1983).published
- Montalvo v. Chang, 641 P.2d 1321 (Haw. 1982).published
- Planned Parenthood Ass'n of Se. Pennsylvania v. Pennsylvania, 508 F. Supp. 567 (E.D. Pa. 1980).published
- Feuerstein v. Burns, 569 F. Supp. 268 (S.D. Cal. 1983).published
- Amico v. New Castle Cnty., 654 F. Supp. 982 (D. Del. 1987).published
- Copeland v. Marshall, 594 F.2d 244 (D.C. Cir. 1978).published
- Am. Benefit Life Ins. v. Baddock, 544 F.2d 1291 (5th Cir. 1977).published
- Ursic v. Bethlehem Mines, 719 F.2d 670 (3d Cir. 1983).published
- City of Detroit v. Grinnell Corp., Manhattan-Ward, Inc. v. Grinnell Corp., 1225 Vine Street Bldg., Inc. v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974).published
- City of Detroit v. Grinnell Corp., 560 F.2d 1093 (2d Cir. 1977).published
- Gordon Baughman v. Wilson Freight Forwarding Co., 583 F.2d 1208 (3d Cir. 1978).published
- Dolores J. Copeland v. F. Ray Marshall, 641 F.2d 880 (D.C. Cir. 1980).published
- Black, Elwood W., Sr. & Black, Joyce v. Stephens, Wayne & City of Allentown & Gable, Carson, 662 F.2d 181 (3d Cir. 1981).published
- Env't Def. Fund, Inc. v. Env't Prot. Agency, 672 F.2d 42 (D.C. Cir. 1982).published
- Moore v. Jas. H. Matthews & Co., 682 F.2d 830 (9th Cir. 1982).published
- William Jordan v. United States Dep't of Just., 691 F.2d 514 (D.C. Cir. 1982).published
- Citizens Council of Delaware Cnty. Chester-Ridley-Crum Watersheds Ass'n: Whiskey Run Rebellion League of Women Voters of Swarthmore Rhoda Gribbel Roy Smith Donna & Leonard Mammucari John & Barbara Crowther Alan & Margot Hunt & Marion Lebeis v. Claude S. Brinegar, Sec'y of Transp. of the United States & Jacob Kassab, Sec'y of Transp. of the Commonwealth of Pennsylvania & Harry A. McNichol Chairman, & Nicholas F. Catania & William A. Springler, Commissioners of Delaware Cnty., & Gus D. Houtman, President, & James W. Davis, Theodore D. Hadley, Jr. & James J. McKeehen Branton H. Henderson & Charles E. Weber, Members of the Park & Rec. Bd. of Delaware Cnty. & John J. Shields, President, & Anthony Daliessio, John D. Donald, Peter J. O'keefe, Norman R. Lincoln, John Haller, Charles S. Bottino, W. Gordo Atherholt & Samuel B. Morrelli, Members of the Ridley Twp. Bd. of Commissioners, Marple Twp. & Radnor Twp. & Swarthmore Coll. Ashwood Manor Civic Ass'n, Appellees/cross-Appellants v. Lewis, Drew, Sec'y of Transp. of the United States & Larson, Thomas D., Sec'y of Transp. of the Commonwealth of Pennsylvania & the Chester Grp. the Honorable Edgar, Robert W. The Cnty. of Delaware the City of Chester the Borough of Upland the Borough of Trainer the Borough of Eddystone the Borough of Marcus Hook the Delaware Cnty. Chamber of Com. the Delaware Cnty. Afl-Cio Council the Comm. for the Blue Route Hart, David K. Jordan, Richard C., Jr. & Clayton, Howard J. The Greater Philadelphia Chamber of Com. Penjerdel Council & the Borough of Prospect Park, Appellant/cross-Appellee. Marple Twp. & Radnor Twp. & Swarthmore Coll. Ashwood Manor Civic Ass'n v. Lewis, Drew, Sec'y of Transp. of the United States & Larson, Thomas D., Sec'y of Transp. of the Commonwealth of Pennsylvania & the Chester Grp. the Honorable Edgar, Robert W. The Cnty. of Delaware the City of Chester the Borough of Upland the Borough of Trainer the Borough of Eddystone the Borough of Marcus Hook the Delaware Cnty. Chamber of Com. the Delaware Cnty. Afl-Cio Council the Comm. for the Blue Route Hart, David K. Jordan, Richard C., Jr. & Clayton, Howard J. The Greater Philadelphia Chamber of Com. Penjerdel Council & the Borough of Prospect Park, 741 F.2d 584 (3d Cir. 1984).published
- Leonard N. Bebchick v. Washington Metro. Area Transit Comm'n, D.C. Transit Sys., Inc., Intervenor. D.C. Transit Sys., Inc. v. Washington Metro. Area Transit Comm'n, Leonard N. Bebchick, Intervenors. D.C. Transit Sys., Inc. v. Washington Metro. Area Transit Comm'n, 805 F.2d 396 (D.C. Cir. 1986).published
- Charles J. Mayson v. Samuel R. Pierce, Jr., 806 F.2d 1556 (11th Cir. 1987).published
- Dale Wells v. Otis R. Bowen, Sec'y of Health & Human Servs., Appeal of John S. Hogg (Four Cases). William Oliver v. Otis R. Bowen, Sec'y of Health & Human Servs., William Hlywa v. Otis R. Bowen, Sec'y of Health & Human Servs., Joseph J. Gemelli v. Otis R. Bowen, Sec'y of Health & Human Servs., 855 F.2d 37 (2d Cir. 1988).published
- Knecht, Inc. v. United Pac. Ins. Co., 860 F.2d 74 (3d Cir. 1988).published
- Keenan v. City of Philadelphia, 983 F.2d 459 (3d Cir. 1992).published
- Serrano v. Unruh, 652 P.2d 985 (Cal. 1982).published
- Bailey v. Heckler, 621 F. Supp. 521 (W.D. Pa. 1985).published
- Student Pub. Interest Rsch. Grp. v. Monsanto Co., 721 F. Supp. 604 (D.N.J. 1989).published
- Bollitier v. Int'l Bhd. of Teamsters, 735 F. Supp. 623 (D.N.J. 1989).published
- In re Equity Funding Corp. of Am. Sec. Litig., 438 F. Supp. 1303 (C.D. Cal. 1977).published
- Brown v. Fairleigh Dickinson Univ., 560 F. Supp. 391 (D.N.J. 1983).published
- Halderman v. Pennhurst State Sch. & Hosp., 533 F. Supp. 649 (E.D. Pa. 1982).published
- Tomallo v. Heckler, 623 F. Supp. 1046 (W.D. Pa. 1985).published
- Houghton v. New Jersey Mfrs. Ins., 615 F. Supp. 299 (E.D. Pa. 1985).published
- Hew Corp. v. Tandy Corp., 480 F. Supp. 758 (D. Mass. 1979).published
- Coup v. Heckler, 706 F. Supp. 405 (W.D. Pa. 1989).published
- Allen v. Hous. Auth. of Cnty. of Chester, 563 F. Supp. 108 (E.D. Pa. 1983).published
- LeMaster v. Bull, 581 F. Supp. 1170 (E.D. Pa. 1984).published
- Delaware Valley Citizens' Council for Clean Air v. Pennsylvania, 581 F. Supp. 1412 (E.D. Pa. 1984).published
- Hinckley v. EI Du Pont De Nemours & Co., 583 F. Supp. 11 (E.D. Pa. 1983).published
- Parker v. Matthews, 411 F. Supp. 1059 (D.D.C. 1976).published
- Richerson v. Jones, 506 F. Supp. 1259 (E.D. Pa. 1981).published
- Halderman v. Pennhurst State Sch. & Hosp., 899 F. Supp. 209 (E.D. Pa. 1995).published
- In re SmithKline Beckman Corp. Sec. Litig., 751 F. Supp. 525 (E.D. Pa. 1990).published
- Cooperstock v. Pennwalt Corp., 820 F. Supp. 921 (E.D. Pa. 1993).published
- Spell v. McDaniel, 616 F. Supp. 1069 (E.D.N.C. 1985).published
- In re Am. Mortg. & Inv. Servs., 158 B.R. 43 (Bankr. D.N.J. 1993).published
- Matter of Mansfield Tire & Rubber Co., 65 B.R. 446 (Bankr. N.D. Ohio 1986).published
- Zeffiro v. First Pennsylvania Bank, N.A., 574 F. Supp. 443 (E.D. Pa. 1983).published
- Findley v. Blinken (In re Jt. E. & S. Dist. Asbestos Litig.), 129 B.R. 710 (S.D.N.Y. 1991).published
- In re Global Int'l Airways, Corp., 82 B.R. 520 (Bankr. W.D. Mo. 1988).published
- Com. Bank of Kansas City, N.A. v. Colin (In re Dell Colin), 44 B.R. 709 (Bankr. W.D. Mo. 1984).published
- Zacharias v. Shell Oil Co., 627 F. Supp. 31 (E.D.N.Y. 1984).published
- City of Bismarck v. Thom, 261 N.W.2d 640 (N.D. 1977).published
- Rendine v. Pantzer, 661 A.2d 1202 (N.J. 1995).published
- In re Jefsaba, Inc., 172 B.R. 786 (Bankr. E.D. Pa. 1994).published
- In re Armored Car Antitrust Litig., 472 F. Supp. 1357 (N.D. Ga. 1979).published
- Sek v. Bethlehem Steel Corp., 463 F. Supp. 144 (E.D. Pa. 1979).published
- Mandel v. Lackner, 92 Cal. App. 3d 747 (Cal. Ct. App. 1979).published
- Lockheed Minority Solidarity Coalition v. Lockheed Missiles & Space Co., 406 F. Supp. 828 (N.D. Cal. 1976).published
- Bagel Inn, Inc. v. All Star Dairies, 539 F. Supp. 107 (D.N.J. 1982).published
- In re Wolk, 413 A.2d 317 (N.J. 1980).published
- Rank v. Balshy, 590 F. Supp. 787 (M.D. Pa. 1984).published
- Entin v. Barg, 412 F. Supp. 508 (E.D. Pa. 1976).published
- In re New Mexico Indirect Purchasers Microsoft Corp., 2007-NMCA-007, 149 P.3d 976.published
- Bebchick v. Washington Metro. Area Transit Comm'n, 805 F.2d 396 (D.C. Cir. 1986).published
- In re Air Freight Cent., 95 B.R. 114 (W.D. Mo. 1988).published
- John v. Christian, 26 V.I. 129 (V.I. 1991).published
- In re Quintus Sec. Litig., 201 F.R.D. 475 (N.D. Cal. 2001).published
- Oppenlander v. Stand. Oil Co., 64 F.R.D. 597 (D. Colo. 1974).published
- Daily v. Zurcher, 64 F.R.D. 680 (N.D. Cal. 1974).published
- Nat'l Ass'n for Mental Health v. Weinberger, 68 F.R.D. 387 (D.D.C. 1975).published
- Rosenberg v. Jack Foley Realty, Inc., 83 F.R.D. 305 (D. Md. 1979).published
- Bullock v. Adm'r of the Est. of Kircher, 84 F.R.D. 1 (D.N.J. 1979).published
- Citizens Council v. Brinegar, 741 F.2d 584 (3d Cir. 1984).published
- Ranco Indus. Prods. Corp. v. Dunlap, 776 F.2d 1135 (3d Cir. 1985).published
- Wells v. Bowen, 855 F.2d 37 (2d Cir. 1988).published
- In re First Peoples Bank Shareholders Litig., 121 F.R.D. 219 (D.N.J. 1988).published
- Sala v. Nat'l R.R. Passenger Corp., 128 F.R.D. 210 (E.D. Pa. 1989).published
- David v. AM Int'l, 131 F.R.D. 86 (E.D. Pa. 1990).published
- Gottlieb v. Wiles, 150 F.R.D. 174 (D. Colo. 1993).published
- Baughman v. Wilson Freight Forwarding Co., 583 F.2d 1208 (3d Cir. 1978).published
- In re Cont'l Illinois Sec. Litig., 750 F. Supp. 868 (N.D. Ill. 1990).published
- Coffelt, Soraya Diase v. Fawkes, No. 1:14-cv-00025 (D.V.I. Mar. 22, 2023).
At page 168 Factors for determining reasonable attorney's fees93 citing cases“the complexity and novelty of the issues presented, the quality of the work that the judge has been able to observe, and the amount of the recovery obtained.”
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany & Albany Cnty. Bd. of Elections, 522 F.3d 182 (2d Cir. 2008).published See Lindy, 487 F.2d at 167 (“[T]he first inquiry of the court should be into the hours spent by the attorneys.”); see also Gisbrecht v. Barnhart, 535 U.S. 789, 800-01 , 122 S.Ct. 1817 , 152 L.Ed.2d 996 (2002) (“As it became standard accoun…
- Arbor Hill Concerned Citizens Neighborhood Assoc. v. Cnty. of Albany, 493 F.3d 110 (2d Cir. 2007).published See Lindy, 487 F.2d at 167 (“[T]he first inquiry of the court should be into the hours spent by the attorneys....”); see also Gisbrecht v. *115 Barnhart, 535 U.S. 789, 800-01 , 122 S.Ct. 1817 , 152 L.Ed.2d 996 (2002) (“As it became standar…
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, 484 F.3d 162 (2d Cir. 2007).published See Lindy, 487 F.2d at 167 (“[T]he first inquiry of the court should be into the hours spent by the attorneys .... ”); see also Gisbrecht v. Barnhart, 535 U.S. 789, 800-01 , 122 S.Ct. 1817 , 152 L.Ed.2d 996 (2002) (“As it became standard a…
- Schefke v. Reliable Collection Agency, Ltd., 32 P.3d 52 (Haw. 2001).published (No one expects a lawyer whose compensation is contingent upon his [or her] success to charge, when successful, as little as he [or she] would charge a client who in advance had agreed to pay for his [or her] services,…)
- Martin O. Washington v. Philadelphia Cnty. Court of Common Pleas, 89 F.3d 1031 (3d Cir. 1996).published (In evaluating the quality of an attorney’s work in a case, the district court should consider ... the amount of recovery obtained.)
- Washington v. Phila Cty Ct, No. 95-1613 (3d Cir. July 9, 1996).(In evaluating the quality of an attorney's work in a case, the district court should consider ... the amount of recovery obtained.)
- In re Unisys Corp. Retiree Med. Benefits Erisa Litig., 886 F. Supp. 445 (E.D. Pa. 1995).published This doctrine has been justified by basic equity: in terms of its prevention of unjust enrichment, Trustees v. Greenough, 105 U.S. 527, 582 , 26 L.Ed. 1157 (1882); Sprague v. Ticonic Nat’l Bank, 307 U.S. 161, 166 , 59 S.Ct. 777, 780 , 83 L…
- Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 483 U.S. 711 (1987).published “no one expects a lawyer whose compensation is contingent upon his success to charge, when successful, as little as he would charge a client who in advance had agreed to pay for his services, regardless of success”
- Skomorucha v. Wilmington Hous. Auth., 518 F. Supp. 657 (D. Del. 1981).published The point of departure in the attorneys’ fee analysis is calculation of the “lodestar.” See Lindy Brothers Builders, Inc. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161 , 167 (3d Cir. 1973) (“Lin *658 dy I ”).
- Crown Bay Marina, L.P. v. Subbase Drydock Inc., No. 3:18-cv-00068 (D.V.I. July 12, 2021).Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 168 (3rd Cir. 1973), in support of its request for a “contingency enhancement.” [ECF 228] at 9.
Show 82 more citing cases
- Chun v. Bd. of Trs., 106 P.3d 339 (Haw. 2005).published Id. at 168.
- Doe v. Doe, 34 P.3d 1059 (Haw. App. 2001).publishedId. at 168.
- Gunter v. Ridgewood Energy Corp., 223 F.3d 190 (3d Cir. 2000).publishedRadiator & Standard Sanitary Co., 487 F.2d 161, 168 (3d Cir. 1973), aff'd in part and vacated in part, 540 F.2d 102 (3d Cir. 1976) (en banc), (" `[U]nless time spent and skill displayed be used as a constant check on applications for fees…
- Goldberger v. Integrated Resources, 209 F.3d 43 (2d Cir. 2000).published A year after Blum, the Third Circuit, which had been a vigorous champion of the lodestar method, see Lindy, 487 F.2d at 167, commissioned a blue ribbon task force to review the matter.
- Goldberger v. Integrated Resources, Inc., 209 F.3d 43 (2d Cir. 2000).published A year after Blum, the Third Circuit, which had been a vigorous champion of the lodestar method, see Lindy, 487 F.2d at 167, commissioned a blue ribbon task force to review the matter.
- Chun v. Bd. of Trs. of ERS, 992 P.2d 127 (Haw. 2000).published Id. at 168.
- McLendon v. Cont'l Grp., Inc., 872 F. Supp. 142 (D.N.J. 1994).published
- In re \Agent Orange\" Prod. Liab. Litig.", 611 F. Supp. 1296 (E.D.N.Y. 1985).published
- Lindy Bros. Builders, Inc. Of Philadelphia v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- United States Court of Appeals, Third Circuit, 751 F.2d 562 (3d Cir. 1984).unpublished
- Keown v. Storti, 456 F. Supp. 232 (E.D. Pa. 1978).published
- In re Penn Cent. Sec. Litig., 416 F. Supp. 907 (E.D. Pa. 1976).published
- Lyco Truck Sales & Serv., Inc. v. Hopkins (In re Lyco Truck Sales & Serv., Inc.), 28 B.R. 408 (Bankr. M.D. Pa. 1982).published
- In re Prof'l Hockey Antitrust Lit.(multidist. Lit.), 371 F. Supp. 742 (E.D. Pa. 1974).published
- Knutson v. Daily Review, Inc., 479 F. Supp. 1263 (N.D. Cal. 1979).published
- Donnarumma v. Barracuda Tanker Corp., 79 F.R.D. 455 (C.D. Cal. 1978).published
- In re Fine Paper Antitrust Litig., 751 F.2d 562 (3d Cir. 1984).published
- Lindy Bros. Builders v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- Pawlak v. Greenawalt, 713 F.2d 972 (3d Cir. 1983).published
- William B. Ursic v. Bethlehem Mines, 719 F.2d 670 (3d Cir. 1983).published
- Montalvo v. Chang, 641 P.2d 1321 (Haw. 1982).published
- Bolden v. Pennsylvania State Police, 491 F. Supp. 958 (E.D. Pa. 1980).published
- Johnson v. 2nd Nat'l Fund Corp., 515 F. Supp. 1380 (E.D. Pa. 1981).published
- Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982).published
- Pawlak v. Greenawalt, 713 F.2d 972 (3d Cir. 1983).published
- Ursic v. Bethlehem Mines, 719 F.2d 670 (3d Cir. 1983).published
- Gordon Baughman v. Wilson Freight Forwarding Co., 583 F.2d 1208 (3d Cir. 1978).published
- Dolores J. Copeland v. F. Ray Marshall, 641 F.2d 880 (D.C. Cir. 1980).published
- Env't Def. Fund, Inc. v. Env't Prot. Agency, 672 F.2d 42 (D.C. Cir. 1982).published
- Brown v. Fairleigh Dickinson Univ., 560 F. Supp. 391 (D.N.J. 1983).published
- Tomallo v. Heckler, 623 F. Supp. 1046 (W.D. Pa. 1985).published
- Hinckley v. EI Du Pont De Nemours & Co., 583 F. Supp. 11 (E.D. Pa. 1983).published
- In re Am. Mortg. & Inv. Servs., 158 B.R. 43 (Bankr. D.N.J. 1993).published
- Zeffiro v. First Pennsylvania Bank, N.A., 574 F. Supp. 443 (E.D. Pa. 1983).published
- Lockheed Minority Solidarity Coalition v. Lockheed Missiles & Space Co., 406 F. Supp. 828 (N.D. Cal. 1976).published
- Bagel Inn, Inc. v. All Star Dairies, 539 F. Supp. 107 (D.N.J. 1982).published
- In re Wolk, 413 A.2d 317 (N.J. 1980).published
- Rank v. Balshy, 590 F. Supp. 787 (M.D. Pa. 1984).published
- John v. Christian, 26 V.I. 129 (V.I. 1991).published
- Bullock v. Adm'r of the Est. of Kircher, 84 F.R.D. 1 (D.N.J. 1979).published
- Ranco Indus. Prods. Corp. v. Dunlap, 776 F.2d 1135 (3d Cir. 1985).published
- Baughman v. Wilson Freight Forwarding Co., 583 F.2d 1208 (3d Cir. 1978).published
- Hector Avila Estien v. Clifford Christian, 507 F.2d 61 (3d Cir. 1975).published
- Otis M. Jorstad & Ethel M. Jorstad v. Ids Realty Trust, a Real Est. Inv. Trust Ids Mortg. Corp., a Corp. Ids Fin. Corp., Acorporation Investors Diversified Servs., Inc., a Corp. Alleghanycorporation, a Corp. Charles R. Orem H. Clifton Whiteman William l.mullins Eugenegelphman Robert W. Taylor John M. Cassidy John A. Rieder Donald H. Bruerj. William Buckley Ernest U. Buckman Robert T. Cross Eugene B. Hansonvictor A. Lalli John M. Lavold John W. Cochran Bernie O. Snoddy Howard l.imme Walter m.mischer Robert R. Patterson, Jr. & Peat, Marwick, Mitchell & Co., Apartnership. Otis M. Jorstad & Ethel M. Jorstad v. Ids Realty Trust, a Real Est. Inv. Trust Ids Mortg. Corp., Acorporation Ids Fin. Corp., a Corp. Investors Diversifiedservices, Inc., a Corp. Alleghany Corp., a Corp. Charles R. Orem H. Clifton Whiteman William L. Mullins Eugene Gelphman Robert W. Taylor John M. Cassidy John a.rieder Donald H. Bruer J. William Buckley Ernest U. Buckman Robert t.cross Eugene b.hanson Victor A. Lalli John M. Lavold John W. Cochran Bernie O. Snoddyhoward L. Imme Walter M. Mischer Robert R. Patterson, Jr. & Peat, Marwick,mitchell & Co., a P'ship, 643 F.2d 1305 (8th Cir. 1981).published
- State of Illinois v. Sangamo Constr. Co., 657 F.2d 855 (7th Cir. 1981).published
- Silberman v. Bogle, 683 F.2d 62 (1st Cir. 1982).published
- Curtis Graves v. Ben Barnes, 700 F.2d 220 (5th Cir. 1983).published
- Wilfredo Acosta, & Cross-Appellee v. Honda Motor Co., Ltd., & Cross-Appellant. Wilfredo Acosta, & Cross-Appellee v. Am. Honda Motor Co., Inc. & Daido Kogyo Co., Ltd., & Cross-Appellants, 717 F.2d 828 (3d Cir. 1983).published
- Cunningham v. City of McKeesport, 753 F.2d 262 (3d Cir. 1985).published
- Jack E. COUP v. Margaret HECKLER, 834 F.2d 313 (3d Cir. 1987).published
- Save Our Cumberland Mountains, Inc. v. Donald P. Hodel, 857 F.2d 1516 (D.C. Cir. 1988).published
- In re Raymond J. Donovan, 877 F.2d 982 (D.C. Cir. 1989).published
- In re Theodore B. OLSON, 884 F.2d 1415 (D.C. Cir. 1989).published
- David Dutchak v. Cent. States, Se. & Sw. Areas Pension Fund, Cross-Appellee, Lawrence Walner & Assocs., Ltd., Edmund W. Kitch, Cross-Appellants. Elizabeth M. Dole, Sec'y of Labor v. Cent. States, Se. & Sw. Areas Pension Fund, Chester J. Sullivan v. Cent. States, Se. & Sw. Areas Pension Fund, Cross-Appellee, Lawrence Walner & Assocs., Ltd., Edmund W. Kitch, Coin, Crowley & Nord, Cross-Appellants, 932 F.2d 591 (7th Cir. 1991).published
- In re Capital Underwriters, Inc. Sec. Litig., 519 F. Supp. 92 (N.D. Cal. 1981).published
- Chrapliwy v. Uniroyal, Inc., 509 F. Supp. 442 (N.D. Ind. 1981).published
- Levit v. Filmways, Inc., 620 F. Supp. 421 (D. Del. 1985).published
- In re Arnold, 162 B.R. 775 (Bankr. E.D. Mich. 1993).published
- Brown v. Eichler, 680 F. Supp. 138 (D. Del. 1988).published
- Joy Mfg. Corp. v. Pullman-Peabody Co., 742 F. Supp. 911 (W.D. Pa. 1990).published
- Thompson v. Vill. of Hales Corners, 340 N.W.2d 704 (Wis. 1983).published
- Norwood v. Charlotte Mem'l Hosp. & Med. Ctr., 720 F. Supp. 543 (W.D.N.C. 1989).published
- Pitchford Sci. Instruments Corp. v. Pepi, Inc., 440 F. Supp. 1175 (W.D. Pa. 1977).published
- In re Chrysler Motors Corp. Overnight Ep Lit., 736 F. Supp. 1007 (E.D. Mo. 1990).published
- Blank v. Talley Indus., Inc., 390 F. Supp. 1 (S.D.N.Y. 1975).published
- White v. City of Richmond, 559 F. Supp. 127 (N.D. Cal. 1982).published
- Sec. & Exch. Comm'n v. United Fin. Grp., Inc., 404 F. Supp. 908 (D. Or. 1975).published
- Richardson v. Restaurant Mktg. Assocs., Inc., 527 F. Supp. 690 (N.D. Cal. 1981).published
- Maley v. Del Global Tech. Corp., 186 F. Supp. 2d 358 (S.D.N.Y. 2002).published
- Will v. United States, 90 F.R.D. 336 (N.D. Ill. 1981).published
- In re Fine Paper Antitrust Litig., 98 F.R.D. 48 (E.D. Pa. 1983).published
- Jorstad v. IDS Realty Trust, 643 F.2d 1305 (8th Cir. 1981).published
- Silberman v. Bogle, 683 F.2d 62 (3d Cir. 1982).published
- Acosta v. Honda Motor Co., 717 F.2d 828 (3d Cir. 1983).published
- Dutchak v. Cent. States, 932 F.2d 591 (7th Cir. 1991).published
- Schwartz v. Novo Industri A/S, 119 F.R.D. 359 (S.D.N.Y. 1988).published
- Carpenters Health & Welfare Fund Of Philadelphia v. Kenneth R. Ambrose, 727 F.2d 279 (3d Cir. 1983).published
- Swicker v. William Armstrong & Sons, Inc., 484 F. Supp. 762 (E.D. Pa. 1980).published
- De Filippo v. Ford Motor Co., 378 F. Supp. 456 (E.D. Pa. 1974).published
- Vecchione v. Wohlgemuth, 481 F. Supp. 776 (E.D. Pa. 1979).published
- Tornabene v. Gen. Dev. Corp., 88 F.R.D. 53 (E.D.N.Y. 1980).published
- Carpenters Health & Welfare Fund v. Kenneth R. Ambrose, Inc., 727 F.2d 279 (3d Cir. 1983).published
At page 169 Determining attorney fees and necessity of evidentiary hearing34 citing casesevidentiary hearing required because of likelihood of disputed and incomplete facts in the record
- Chun v. Bd. of Trs., 106 P.3d 339 (Haw. 2005).published Id. at 168.
- Chun v. Bd. of Trs. of ERS, 992 P.2d 127 (Haw. 2000).published Id. at 168.
- In re \Agent Orange\" Prod. Liab. Litig.", 611 F. Supp. 1296 (E.D.N.Y. 1985).published
- Lindy Bros. Builders, Inc. Of Philadelphia v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- Keown v. Storti, 456 F. Supp. 232 (E.D. Pa. 1978).published
- Donnarumma v. Barracuda Tanker Corp., 79 F.R.D. 455 (C.D. Cal. 1978).published
- Lindy Bros. Builders v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- In the Matter of First Colonial Corp. Of Am., Bankrupt. Am. Benefit Life Ins. Co., Appellants-Cross-Appellees v. Franz J. Baddock, Tr., Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of Am., Bankrupt. Bert K. Robinson v. Am. Benefit Life Ins. Co., 544 F.2d 1291 (1st Cir. 1977).published
- Montalvo v. Chang, 641 P.2d 1321 (Haw. 1982).published
- Copeland v. Marshall, 594 F.2d 244 (D.C. Cir. 1978).published
Show 24 more citing cases
- Am. Benefit Life Ins. v. Baddock, 544 F.2d 1291 (5th Cir. 1977).published
- City of Detroit v. Grinnell Corp., Manhattan-Ward, Inc. v. Grinnell Corp., 1225 Vine Street Bldg., Inc. v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974).published
- Gordon Baughman v. Wilson Freight Forwarding Co., 583 F.2d 1208 (3d Cir. 1978).published
- Houghton v. New Jersey Mfrs. Ins., 615 F. Supp. 299 (E.D. Pa. 1985).published
- Delaware Valley Citizens' Council for Clean Air v. Pennsylvania, 581 F. Supp. 1412 (E.D. Pa. 1984).published
- Richerson v. Jones, 506 F. Supp. 1259 (E.D. Pa. 1981).published
- Entin v. Barg, 412 F. Supp. 508 (E.D. Pa. 1976).published
- Ranco Indus. Prods. Corp. v. Dunlap, 776 F.2d 1135 (3d Cir. 1985).published
- Baughman v. Wilson Freight Forwarding Co., 583 F.2d 1208 (3d Cir. 1978).published
- Blank v. Talley Indus., Inc., 390 F. Supp. 1 (S.D.N.Y. 1975).published
- Ruth M. Sargeant v. Alexander E. Sharp, II, 579 F.2d 645 (1st Cir. 1978).published
- Dunn v. H. K. Porter Co., 602 F.2d 1105 (3d Cir. 1979).published
- George E. Miles v. George Sampson, 675 F.2d 5 (1st Cir. 1982).published
- Ranco Indus. Prods. Corp. v. Edward B. Dunlap, 776 F.2d 1135 (3d Cir. 1985).published
- Ross v. Saltmarsh, 500 F. Supp. 935 (S.D.N.Y. 1980).published
- Finberg v. Sullivan, 555 F. Supp. 1068 (E.D. Pa. 1982).published
- Anderson v. Redman, 474 F. Supp. 511 (D. Del. 1979).published
- Imprisoned Citizens Union v. Shapp, 473 F. Supp. 1017 (E.D. Pa. 1979).published
- Com. of Pennsylvania v. O'NEILL, 431 F. Supp. 700 (E.D. Pa. 1977).published
- Bygott v. Leaseway Transp. Corp., 637 F. Supp. 1433 (E.D. Pa. 1986).published
- Christian v. Joseph, 23 V.I. 193 (D.V.I. 1987).published
- Hummel v. Brennan, 83 F.R.D. 141 (E.D. Pa. 1979).published
- Cohen v. Cmty. Coll. of Philadelphia, 522 F. Supp. 879 (E.D. Pa. 1981).published
- Dunn v. H. K. Porter Co., 602 F.2d 1104 (3d Cir. 1979).published
At page 166 Standards for awarding attorneys' fees in litigation32 citing cases“the value of the attorney's time is generally reflected in his normal billing rate.”
- Dick v. Sprint Commc'ns Co., 297 F.R.D. 283 (W.D. Ky. 2014).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 166-68 (3d Cir.1973)).
- Post v. St. Paul Travelers Ins., 752 F. Supp. 2d 499 (E.D. Pa. 2010).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 166 (3d.
- In re DPL Inc., Sec. Litig., 307 F. Supp. 2d 947 (S.D. Ohio 2004).publishedBuilders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 166-68 (3d Cir.1973).
- Merola v. Atl. Richfield Co., 493 F.2d 292 (3d Cir. 1974).published
- Lindy Bros. Builders, Inc. Of Philadelphia v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- Lindy Bros. Builders v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- Arthur H. Pitchford & Pitchford Sci. Instruments Corp. v. Pepi, Inc., 531 F.2d 92 (3d Cir. 1976).published
- In the Matter of First Colonial Corp. Of Am., Bankrupt. Am. Benefit Life Ins. Co., Appellants-Cross-Appellees v. Franz J. Baddock, Tr., Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of Am., Bankrupt. Bert K. Robinson v. Am. Benefit Life Ins. Co., 544 F.2d 1291 (1st Cir. 1977).published
- Victor M. Francois v. A. Jane Francois, 599 F.2d 1286 (3d Cir. 1979).published
- Pawlak v. Greenawalt, 713 F.2d 972 (3d Cir. 1983).published
Show 19 more citing cases
- William B. Ursic v. Bethlehem Mines, 719 F.2d 670 (3d Cir. 1983).published
- Rawlings v. Prudential-Bache Props., Inc., 9 F.3d 513 (6th Cir. 1993).published
- Montalvo v. Chang, 641 P.2d 1321 (Haw. 1982).published
- Planned Parenthood Ass'n of Se. Pennsylvania v. Pennsylvania, 508 F. Supp. 567 (E.D. Pa. 1980).published
- Feuerstein v. Burns, 569 F. Supp. 268 (S.D. Cal. 1983).published
- Moorish Vanguard Concert v. Brown, 498 F. Supp. 830 (E.D. Pa. 1980).published
- Amico v. New Castle Cnty., 654 F. Supp. 982 (D. Del. 1987).published
- Bolden v. Pennsylvania State Police, 491 F. Supp. 958 (E.D. Pa. 1980).published
- Johnson v. 2nd Nat'l Fund Corp., 515 F. Supp. 1380 (E.D. Pa. 1981).published
- Larue v. Stanley (In re Gulf Hills Dev. Corp.), 60 B.R. 366 (S.D. Miss. 1985).published
- Jungkurth v. E. Fin. Servs., Inc., 87 B.R. 333 (E.D. Pa. 1988).published
- Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982).published
- In re Washington Pub. Power Supply Sys. Sec. Litig., 779 F. Supp. 1063 (D. Ariz. 1990).published
- Copeland v. Marshall, 594 F.2d 244 (D.C. Cir. 1978).published
- In re Folding Carton Antitrust Litig., 84 F.R.D. 245 (N.D. Ill. 1979).published
- Am. Benefit Life Ins. v. Baddock, 544 F.2d 1291 (5th Cir. 1977).published
- Pawlak v. Greenawalt, 713 F.2d 972 (3d Cir. 1983).published
- Ursic v. Bethlehem Mines, 719 F.2d 670 (3d Cir. 1983).published
- In re Dom. Air Transp. Antitrust Litig., 148 F.R.D. 297 (N.D. Ga. 1993).published
At page 165 Equitable fund doctrine basis for attorney fees20 citing casesnoting the connection between degrees of success and compensation in common fund cases
- In re Unisys Corp. Retiree Med. Benefits Erisa Litig., 886 F. Supp. 445 (E.D. Pa. 1995).published “the individual seeking compensation has, by his actions, benefit-ted another and seeks payment for the value of the service performed”
- Schwartz v. Dallas Cowboys Football Club, Ltd., 157 F. Supp. 2d 561 (E.D. Pa. 2001).published(noting the connection between degrees of success and compensation in common fund cases)
- Kuhn v. State, 924 P.2d 1053 (Colo. 1996).published“his conduct of the suit conferred a benefit on all the class members, that one or more class members has agreed by contract to pay for the benefit the attorney conferred upon him, and that the remaining class members sh…”
- McLendon v. Cont'l Grp., Inc., 872 F. Supp. 142 (D.N.J. 1994).published
- Merola v. Atl. Richfield Co., 493 F.2d 292 (3d Cir. 1974).published
- Lindy Bros. Builders, Inc. Of Philadelphia v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
- United States Court of Appeals, Third Circuit, 751 F.2d 562 (3d Cir. 1984).unpublished
- In re Boston & Maine Corp., Debtor v. Sheehan, Phinney, Bass & Green, P.A., 778 F.2d 890 (1st Cir. 1985).published
- Keown v. Storti, 456 F. Supp. 232 (E.D. Pa. 1978).published
- In re Penn Cent. Sec. Litig., 416 F. Supp. 907 (E.D. Pa. 1976).published
Show 10 more citing cases
- In re Flight Transp. Corp. Sec. Litig., 685 F. Supp. 1092 (D. Minn. 1987).published
- Lyco Truck Sales & Serv., Inc. v. Hopkins (In re Lyco Truck Sales & Serv., Inc.), 28 B.R. 408 (Bankr. M.D. Pa. 1982).published
- In re Prof'l Hockey Antitrust Lit.(multidist. Lit.), 371 F. Supp. 742 (E.D. Pa. 1974).published
- Knutson v. Daily Review, Inc., 479 F. Supp. 1263 (N.D. Cal. 1979).published
- City of Dallas v. Arnett, 762 S.W.2d 942 (Tex. App.—Dallas 1988).published
- Donnarumma v. Barracuda Tanker Corp., 79 F.R.D. 455 (C.D. Cal. 1978).published
- Charal v. Andes, 88 F.R.D. 265 (E.D. Pa. 1980).published
- In re Fine Paper Antitrust Litig., 751 F.2d 562 (3d Cir. 1984).published
- Manville Sales Corp. v. Paramount Sys., Inc., 124 F.R.D. 595 (E.D. Pa. 1989).published
- Lindy Bros. Builders v. Am. Radiator & Stand. Sanitary Corp., 540 F.2d 102 (3d Cir. 1976).published
At page 164 Dividing settlement fund among various claimant categories5 citing casesLindy ” factors
- Goodrich v. E.F. Hutton Grp., Inc., 681 A.2d 1039 (Del. 1996).published Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167-68 (3d Cir.1973).
- McLendon v. Cont'l Grp., Inc., 872 F. Supp. 142 (D.N.J. 1994).published
- Firebird Soc'y v. Members of the Bd. of Fire Commissioners, 433 F. Supp. 752 (D. Conn. 1976).published
- Jordan v. Fusari, 422 F. Supp. 1179 (D. Conn. 1975).published
- In re \Agent Orange\" Prod. Liab. Litig.", 611 F. Supp. 1296 (E.D.N.Y. 1985).published
v.
AMERICAN RADIATOR & STANDARD SANITARY CORP. Friendswood Development Company and Humble Oil & Refining Company, in No. 72-1647, The Weitz Company, Inc., in No. 72-1648
OPINION OF THE COURT
SEITZ, Chief Judge.These appeals concern the award of attorneys’ fees following the settlement of a class action. Two members of the class here involved, Friendswood Development Company and Humble Oil and Refining Company; appeal from the award of fees to attorneys Kohn and Berger and members of their law firms. Also before us is an appeal by attorneys of the firm of Thoma, Schoenthal, Davis, Hockenberg and Wine, who were denied fees. Kohn and Berger are attorneys for Lindy Bros. Builders and the Philadelphia Housing Authority, appel-lees in both appeals..[1] We will deal first with the appeal of Friendswood and Humble.
Following the indictment of plumbing fixture manufacturers and their trade association for price-fixing violations of the antitrust laws, numerous civil suits were filed on behalf of several classes of plaintiffs seeking treble damages. One such class action was filed by appellees on behalf of builders and owners shortly after the indictments were returned. The various class actions were consolidated for pretrial proceedings and transferred to the Eastern District of Pennsylvania. Several years of procedural maneuvering followed between plaintiffs and defendants, who wanted the civil suits stayed or enjoined pending resolution of the criminal actions. During the stay proceedings, in which the plaintiffs eventually prevailed, the criminal action proceeded, and on May 2, 1969, a jury verdict was returned against those defendants who had pleaded not guilty.[2] The schedule of depositions in the civil suit was filed in June 1969, and the taking of depositions was to have begun in the fall of 1969.
In October 1969, settlement negotiations were undertaken, primarily by attorneys Kohn and Berger and their firms. The first settlement agreement involving the builder-owner class was reached early in 1970. As a result of the settlement agreement a single fund was created to satisfy the claims of all[*164] builder-owners, those who had'not filed suit (“unrepresented” claimants) as well as those who had.[3] The district court gave preliminary approval to the settlement plan in May 1971, after the Supreme Court denied defendants’ petition for certiorari to review this Court's af-firmance of the criminal convictions. In its order preliminarily approving the settlement the district court appointed appellees as Class Representatives. The settlement was given final approval by the district court in April 1972.
At the time the district court gave final approval to the settlement, numerous attorneys petitioned for award of fees.[4] Among these was a petition by Kohn and Berger as attorneys for the Class Representatives. Kohn and Berger had private fee agreements with the appel-lees and also with many other builder-owners who made claims against the fund. In their fee petition, Kohn and Berger asked for an award to be given to them directly in addition to the amounts to be received pursuant to contracts with individual claimants. For purposes of their petition, Kohn and Berger divided the class into four categories. The first category was composed of claimants who had contractual fee arrangements with Kohn and Berger. Kohn and Berger were to receive over $800,000 from these claimants. The second category included claimants who had filed suit and whose attorneys Kohn and Berger felt had contributed to the creation of the settlement fund. Kohn and Berger were to receive no fees from these claimants and sought none. Other claimants who had joined in the suits but whose attorneys Kohn and Berger concluded had not contributed to the creation of the settlement fund comprised the third category. From these claimants, who had contracted to pay varying fees to other attorneys, Kohn and Berger sought a fee award equal to one-sixth of the claimants’ share of the settlement fund.[5] The final category was made up of builder-owners who filed claims against the fund, but who had not joined in the suit and, therefore, had not contracted with any attorney participating in the settlement negotiations or other related proceedings. Kohn and Berger asked the court to award them one-third of the amounts to be recovered by these last claimants.[6] The petition was opposed by unrepresented claimants Friendswood Development Company and Humble Oil and Refining Company.
The district court, 341 F.Supp. 1077, denied Kohn and Berger’s petition for fees from the third category of claimants and granted fees from the last category equal to 20% of the amount of the fund apportioned to the unrepresented claimants. Kohn and Berger have not appealed the denial of fees from claimants in category three nor the award of fees from unrepresented claimants in an amount less than requested.
Friendswood and Humble appeal from the award of fees out. of the settlement apportioned to them and other unrepresented claimants.
Basis for Fee Awards
The first contention advanced by Friendswood and Humble is that the court below lacked authority to award any fees to Kohn and Berger. We assume that appellants are correct in stating that Section 4 of the Clayton Act, 15 U.S.C. § 15 (1970), does not authorize award of attorneys’ fees to a plaintiff who has settled his antitrust action, rather than pursue it to successful judgment. Cf. Milgram v. Loew’s, Inc., 192[*165] F.2d 579 (3d Cir. 1951), cert, denied, 343 U.S. 929, 72 S.Ct. 762, 96 L.Ed. 1339 (1952); Decorative Stone Co. v. Building Trades Council, 23 F.2d 426 (2d Cir.), cert, denied, 277 U.S. 594, 48 S.Ct. 530, 72 L.Ed. 1005 (1928). There is, however, authority for the award of fees under the general equitable powers of the court. E. g., Trustees v. Greenough, 105 U.S. 527, 26 L.Ed. 1157 (1882). These equitable powers may, under the equitable fund doctrine, be used to compensate individuals whose actions in commencing, pursuing or settling litigation, even if taken solely in their own name and for their own interest, benefit a class of persons not participating in the litigation. See Sprague v. Ticonic National Bank, 307 U.S. 161, 59 S.Ct. 777, 83 L.Ed. 1184 (1939).
Appellants Friendswood and Humble concede that the equitable fund doctrine may provide a basis for award of attorneys’ fees in the instant case. They contend, however, that the application for fees should be made by the client or clients who were parties to the action and not the attorneys who prosecuted the action or negotiated the settlement. Clearly, fees may be awarded on the attorney’s petition. Central Railroad & Banking Co. v. Pettus, 113 U.S. 116, 5 S.Ct. 387, 28 L.Ed. 915 (1885). The thrust of appellants’ contention here is more .that, regardless of which person files the petition, the right to compensation is in the client rather than the attorney. We think that appellants misconceive the basis for award of attorney fees.
The award of fees under the equitable fund doctrine is analogous to an action in quantum meruit: the individual seeking compensation has, by his actions, benefited another and seeks payment for the value of the service performed. Understood in this way, there are two possible “causes of action” that may be urged as the basis for award of attorneys’ fees. One of these “causes” belongs to the plaintiff who brought the underlying suit. His claim is that by instituting the suit he has performed a service benefiting other class members. The reasonable value of that service is measured by the expenses incurred by the plaintiff on behalf of the class. Trustees v. Greenough, supra, the seminal case in establishing the equitable fund doctrine, involved this type of claim for attorneys’ fees. There a bondholder brought suit on behalf of himself and other bondholders to prevent the trustees of a fund that secured the bonds from committing waste. The judgment for the plaintiff set aside fraudulent conveyances and restored the fund. Relying principally on English cases requiring a trust fund to pay for the costs of its own administration, the- Supreme Court affirmed the award to plaintiff of attorneys’ fees and other reasonable expenses incurred in' the litigation. The Court’s decision made clear that the plaintiff must bear his proportionate share of expenses, id., 105 U.S. at 537-538, 26 L.Ed. 1157, and other class members must likewise bear their share of the litigation’s expense. Id. at 532-537, 26 L.Ed. 1157.
The second “cause of action” for award of attorneys’ fees under the equitable fund doctrine belongs to the attorney. The attorney’s claim is that his conduct of the suit conferred a benefit on all the class members, that one or more class members has agreed by contract to pay for the benefit the attorney conferred upon him, and that the remaining class members should pay what the court determines to be the reasonable value of the services benefiting them. This claim was presented to the Supreme Court in Central Railroad & Banking Co. v. Pettus, supra, 113 U.S. at 120-121, 5 S.Ct. 387, 28 L.Ed. 915, three years after the Greenough decision. In Pettus, the Court upheld the award of fees directly to attorneys who had conducted a class action resulting in the establishment of a fund from which numerous creditors of the defendant railroad could be paid.[7] The attorneys[*166] had contracted with the complainant and, during the course of the litigation, with certain other creditors for payment of contingent fees from those creditors’ shares of the recovery. The Court found that the attorneys were entitled to the reasonable value of the services they rendered to the class members with whom the attorneys had not contracted. Id. at 127, 5 S.Ct. 387, 28 L.Ed. 915.
We recognize the close relation between the equitable claims for attorneys’ fees that clients and attorneys, respectively, may advance. An attorney’s claim for the value of his services to unrepresented class members may be subsumed, fully or partially, in the “expenses” claim of the attorney’s client who had paid more than his share of the value of the attorney’s services to the class. We need not, however, decide now the manner in which courts should treat such overlapping claims by attorney and client. In this case, the only claims made were by attorneys. In passing upon the sums which represent the value of attorneys’ services to unrepresented claimants, we do not intimate any view concerning the ability of these attorneys’ private clients to require application against the attorneys’ charges to them of all or part of the fees paid by unrepresented claimants.[8] We reject appellants’ contention that there is no basis for the award of fees directly to the attorneys absent a finding that such award is necessitated by their clients’ interests.
Standards Governing Fee Awards
In awarding attorneys’ fees, the district judge is empowered to exercise his informed discretion, and any successful challenge to his determination must show that the judge abused that discretion.[9] Tranberg v. Tranberg, 456 F.2d 173, 175 (3d Cir. 1972). Appellants contend that, by failing to observe appropriate standards and procedures, the judge below did abuse his discretion in awarding fees to Kohn and Berger.[10] Friendswood and Humble are correct in arguing that failure to adhere to proper standards and to follow appropriate procedures would constitute abuse of the district ‘ court’s discretion to award attorneys’ fees. We proceed, therefore, to an examination of appellants’ claim that the standards applied below in awarding fees to Kohn and Berger were improper.
The district judge listed four factors that he considered in his award of fees to Kohn and Berger. These were: the percentage of a . claimant’s recovery awarded as attorneys’ fees in other eases, the amount of the recovery from which fees were being awarded, the amount the attorneys received from their clients under private agreements, and the time spent by Kohn and Berger “in connection with this litigation.” 341 F.Supp. 1077, 1089-1090 (E.D.Pa.1972). The court below elaborated on these considerations by noting that the percentage of a recovery awarded as attorneys’ fees should decline as the amount of the recovery increased and that the time spent by the attorneys was not so important here as in most cases. The judge did not indicate why time was less important here, nor did he explain what use was made of his knowledge of Kohn and Berger’s private fee agreements.
The mere listing of four factors for consideration by the court makes meaningful review difficult and gives[*167] little guidance to attorneys and claimants. In detailing the standards that should guide the award of fees to attorneys successfully concluding class suits, by judgment or settlement, we must start from the purpose of the award: to compensate the attorney for the reasonable value of services benefiting the unrepresented claimant. Before the value of the attorney’s services can be determined, the district court must ascertain just what were those services. To this end the first inquiry of the court should be into the hours spent by the attorneys —how many hours were spent in what manner by which attorneys. It is not necessary to know the exact number of minutes spent nor the precise activity to which each hour was devoted nor the specific attainments of each attorney. But without some fairly definite information as to the hours devoted to various general activities, e. g., pretrial discovery, settlement negotiations, and the hours spent by various classes of attorneys, e. g., senior partners, junior partners, associates, the court cannot know the nature of the services for which compensation is sought.
Ascertaining, within appropriately specific categories, the time spent is only the first step the district court should follow in determining the proper attorneys’ fees to be awarded. In light of the comments of the judge below, however, we wish to make clear its importance. In this case, partly as a result of the procedures employed by the district court, the only information furnished to the district judge regarding the time spent by Kohn, Berger and their associates was that they had spent “in excess of 6,000 hours in connection with this litigation.” 341 F.Supp. at 1090. This information was insufficient to support the award of fees to Kohn and Berger.
After determining, as above, the services performed by the attorneys, the district court must attempt to value those services. In some cases it may be possible to identify the hours spent as having benefited the individual client, the unrepresented claimants, or both. Where this is feasible, the district judge may want to assess directly the value of the attorneys’ services to the unrepresented claimants without first determining the overall value of the attorneys’ services in the case. Here, it would seem artificial to segregate the attorneys’ efforts into categories as aiding clients, unrepresented claimants or the entire class. A single fund was created after negotiations on behalf of all claimants. Absent some contrary showing, we presume that all the attorneys’ time contributed to the recoveries of each claimant. Where all of an attorney’s services benefit the whole class, it seems simplest to determine the value of his services to the class and then to assess the extent to which the unrepresented claimants benefited from these services as compared with the rest of the class'.
The value of an attorney’s time generally is reflected in his normal billing rate. A logical beginning in valuing an attorney’s services is to fix a reasonable hourly rate for his time — taking account of the attorney’s legal reputation and status (partner, associate). Where several attorneys file a joint petition for fees, the court may find it necessary to use several different rates for the different attorneys. Similarly, the court may find that the reasonable rate of compensation differs for different activities.
Finding the reasonable hourly rate for each attorney does not end the court’s inquiry into the value of the attorney’s services. The court cannot properly fix attorneys’ fees merely by multiplying the hourly rate for each attorney times the number of hours he worked on the case. Before discussing the other factors to be considered in fixing fees, we stress, however, the importance of deciding, in each case, the amount to which attorneys would be entitled on the basis of an hourly rate of compensation applied to the hours worked. This figure provides the onty reasonably objective basis for valuing an attorney’s services.[*168] As Judge Wyzanski observed a decade ago in a case similar to this:
No one expects a lawyer to give his services at bargain rates in a civil matter on behalf of a client who is not impecunious. No one expects a lawyer whose compensation is contingent upon his success to charge, when successful, as little as he would charge a client who in advance had agreed to pay for his services, regardless of success. Nor, particularly in complicated cases producing large recoveries, is it just to make a fee depend solely on the reasonable amount of time expended. Yet unless time spent and skill displayed be used as a constant check on applications for fees there is a grave danger that the bar and bench will be brought into disrepute, and that there will be prejudice to those whose substantive interests are at stake and who are unrepresented except by the very lawyers who are seeking compensation. Cherner v. Transitron Electronic Corp., 221 F. Supp. 55, 61 (D.Mass.1963).
While the amount thus found to constitute reasonable compensation should be the lodestar of the court’s fee determination, there are at least two other factors that must be taken into account in computing the value of attorneys’ services. The first of these is the contingent nature of success; this factor is of special significance where, as here, the attorney has no private agreement that guarantees payment even if no recovery is obtained.[11] In assessing the extent to which the attorneys’ compensation should be increased to reflect the unlikelihood of success, the district court should consider any information that may help to establish the probability of success. The most important such information in a civil antitrust suit may be the progress of any criminal action brought against the defendants.[12] Here, the United States had obtained indictments against all the defendants before the civil suits were filed; the defendants who pleaded not guilty had been convicted before serious settlement negotiations were begun; and those convictions were affirmed before the court gave final approval to the settlement. The court may find that the contingency was so slight or the amount found to constitute reasonable compensation for the hours worked was so large a proportion of the total recovery that an increased allowance for the contingent nature of the fee would be minimal.
The second additional factor the district court must consider is the extent, if any, to which the quality of an attorney’s work mandates increasing or decreasing the amount to which the court has found the attorney reasonably entitled. In evaluating the quality of an attorney’s work in a case, the district court should consider the complexity and novelty of the issues presented, the quality of the work that the judge has been able to observe, and the amount of the recovery obtained. This last factor may be the only means by which the quality of an attorney’s performance can be judged where a suit is settled before any significant in-court proceedings. In making allowance for the quality of work, the court must keep in mind that the attorney will receive an otherwise reasonable compensation for his time under the figure arrived at from the hourly rate. Any increase or decrease in fees to adjust for the quality of work is designed to take account of an unusual degree of skill, be it unusually poor or unusually good. If the district judge[*169] determines that particular work was of a typical quality, he should, in increasing or decreasing the fee, be cognizant of the amount of time devoted to that given activity. Further, in increasing or decreasing an attorney’s compensation, the district judge should set forth as specifically as possible the facts that support his conclusion, particularly where, as in this case, the judge determining the fees to be awarded did not sit in the case throughout the entire proceeding. The value to be placed on these additional factors will, of course, vary from case to case. Often, however, their value will bear a reasonable relationship to the aggregate hourly compensation.
After determining the total reasonable value of 'an attorney’s services in securing recovery of a fund for the class, the district court must determine what portion of the amount arrived at should be paid by the unrepresented claimants. Absent extraordinary circumstances, the unrepresented claimants should pay for the attorneys’ services in proportion to their benefit from them — that is, the unrepresented claimants should pay a percentage of the reasonable value of the attorneys’ services to the class equal to their percentage of the class’ recovery. We reiterate that we are not here called upon to decide whether his private clients can require that all or part of the fees recovered by the attorney be applied against the fees charged those clients.
Procedure — Requirement of a Hearing
Friendswood and Humble contend that the district judge erred in failing to grant the requested evidentiary hearing before awarding fees. Had the district court been guided by the proper standards for setting attorneys’ fees, the necessity of an evidentiary hearing would have been apparent. In determining the amount of time spent by various attorneys on different activities, the standard billing rate appropriate for each attorney, the extent of the contingency, and the degree to which an attorney’s efforts advanced the interests of claimants from whom he seeks fees, the district judge must possess a great deal of information not presented below. Much of the evidence on which the judge will base his award or denial of fees may be disputed; the evidence presented by an attorney petitioning for fees maybe incomplete. The denial of fees obviously harms the petitioning attorney. Just as obviously, award of attorneys’ fees harms the unrepresented claimant by reducing his net recovery. These opposing interests should be afforded a hearing to provide an evidentiary basis for resolution of disputed factual matters and to allow the parties to supplement possibly incomplete statements of opposing parties.
Courts have noted that expert testimony is not necessary to establish the value of a lawyer’s services and have, on that ground, sanctioned the award of attorneys’ fees on the basis of affidavits without a hearing. E. g., Tranberg v. Tranberg, supra, 456 F.2d at 175. A judge is presumed knowledgeable as to the fees charged by attorneys in general and as to the quality of legal work presented to him by particular attorneys ; these presumptions obviate the need for expert testimony such as might establish the value of services rendered by doctors or engineers. Although expert opinion evidence is not required in awarding attorneys’ fees, where the facts to be weighed in light of the judge’s expertise are disputed, an evidentiary hearing is required. See Thomas v. Honeybrook Mines, Inc., 428 F.2d 981, 988-989 (3d Cir. 1970), cert, denied, 401 U.S. 911, 91 S.Ct. 874, 27 L. Ed.2d 809 (1971). The Supreme Court endorsed the view taken here in Perkins v. Standard Oil Co., 399 U.S. 222, 90 S. Ct. 1989, 26 L.Ed.2d 534 (1970), a case involving the award of attorneys’ fees under Section 4 of the Clayton Act. The Court stated that “[t]he amount of the award for such services should, as a general rule, be fixed in the first instance by the District Court, after hearing evidence as to the extent and nature[*170] of the services rendered.” Id. at 223, 90 S.Ct. at 1990.
We conclude that the failure of the district court to hold an evidentiaryhearing and its failure to follow proper standards in awarding fees to attorneys Kohn and Berger were inconsistent with the sound exercise of discretion.
The Thoma Petition
Of the attorneys whose petitions for fees were denied, only one group has appealed. These attorneys are members of the firm of Thoma, Schoenthal, Davis, Hockenberg and Wine (hereinafter “Thoma”). In denying the Thoma petition, which asked for $17,646, the district court did not hold an evidentiary hearing nor was it guided by the standards set forth above. We hold that the denial of the Thoma petition was inconsistent with the sound exercise of discretion.
The orders granting attorneys’ fees to Kohn and Berger and denying fees to the Thoma attorneys are vacated and the matters remanded to the district court for further proceedings consistent with this opinion.
No question has been raised as to whether Lindy Bros. Builders and the Philadelphia Housing Authority are the proper appellees. We note that attorneys Kohn and Berger filed a petition for fees in their own name and no request for contribution was made on-behalf of the named appellees. See discussion of the nature of equitable claims for attorneys’ fees, infra pp. 164-165.
Many of the defendants had pleaded nolo contendere, but several had pleaded not guilty, including some of the larger corporate defendants.
At the time the court below ruled on petitions for attorneys’ fees, the fund plus interest amounted to approximately $26 million.
Twelve petitions were filed; eleven were denied in toto. '
At the time of the district court ruling on the fee petitions, the fees sought by Kohn and Berger from this category of claimants amounted to $745,733.
The fees Kohn and Berger asked of unrepresented claimants totalled nearly $2.3 million at the time of their fee petition, bringing the amount requested from the third and fourth categories to over $3 million.
The “iund” in Pettus was a lien on the railroad property.
Cf. Cherner v. Transitron Elec. Corp., 221 F.Supp. 55, 62-63 (D.Mass.1963).
Appellants-attorneys of the Thoma group have argued that we should apply a broader standard of review here because the district judge was not sitting in the initial pretrial proceeding. We reject this contention. Although the district judge should be particularly diligent in setting forth specifically the facts that support his conclusion where he did not sit throughout the entire proceedings, the standard of review to be applied by the appellate court remains the abuse of discretion standard.
Appellants also claim that even if the district judge did observe the proper standards and procedures, he abused his discretion in awarding an excessive fee to Kohn and Bergei'. In light of our conclusions as to the appropriate standards and procedures, we do not find it necessary to decide this issue.
All private agreements here were for contingent fees.
The threshold issue in antitrust eases is the defendant’s violation of the antitrust laws. If the defendant in a criminal antitrust action is convicted after a plea of not guilty, the criminal conviction is prima facie evidence of violation of the antitrust laws. 15 U.S.C. § 16 (1970). We recognize that convictions following pleas of nolo contendere are not entitled to the same evidentiary position as convictions following not ’ guilty pleas and that even where violation of the antitrust laws is established, civil plaintiffs must prove that they were injured by the violation.