Robert Powers v. Paul Eichen’s Empirical Analysis

Citation profile

15 federal appellate · 1 district · 5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the choice of whether to base an attorneys' fee award on either net or gross recovery should not make a difference so long as the end result is reasonable. Our case law teaches that the reasonableness of attorneys' fees is not measured by the choice of the denominator.”

   2 later decisions quote this exact passage · from the majority
   e.g. Staton v. Boeing Co. · Staton v. Boeing Co.

2. “Total attorneys’ fees and expenses awarded by the court to counsel for the plaintiff class shall not exceed a reasonable percentage of the amount of any damages and prejudgment interest actually paid to the class.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Cardinal Health Inc. Securities Litigations · 446 F. Supp. 2d 823 - Sutton v. Bernard

3. “Although the new provision requires reasonable fees and expenses, it does not mandate a particular approach to determining fees. The legislation’s primary purpose was to prevent fee awards under the lodestar method from taking up too great a percentage of the total recovery. The new provision, however, does not eliminate the use of the lodestar approach, nor does it require that fees be based on a percentage of net recovery. It simply requires that the fees and expenses ultimately awarded be reasonable in relation to what the plaintiffs recovered.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re New Mexico Indirect Purchasers Microsoft Corp.