Masters v. Wilhelmina Model Agency, Inc.’s Empirical Analysis

Citation profile

10 federal appellate · 9 district · 1 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the District Court should bear in mind that the purpose of Cy Pres distribution is to “put[] the unclaimed fund to its next best compensation use, e.g., for the aggregate, indirect, prospective benefit of the class.” 2 Herbert B. Newberg & Alba Conte, Newberg on Class Actions § 10:17 (4th ed.2002) (emphasis supplied). • Cy Pres means “as near as possible,” and “[c]ourts have utilized Cy Pres distributions where class members are difficult to identify, or where they change constantly, or where there are unclaimed funds.” Id. at § 10:16 n. 1. In this connection, we take note of the recent Draft of the Principles of the Law of Aggregate Litigation by the American Law Institute. With respect to the approval of settlements providing for a Cy Pres remedy, the Draft proposes a rule limiting Cy Pres “to circumstances in which direct distribution to individual class members is not economically feasible, or where funds remain after class members are given a full opportunity to make a claim.” Draft § 3.08, entitled “Cy Pres Settlements.” This proposed rule is consonant with the observation of our sister circuit that “[fjederal courts have frequently approved [the Cy Pres] remedy in the settlement of class actions where the proof of individual claims would be burdensome or distribution of damages costly.” Six (6) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1305 (9th Cir.1990).”

   1 later decision quote this exact passage · from the majority
   e.g. 132 F. Supp. 3d 470 - Graff v. United Collection Bureau, Inc.

2. “In siding with courts that compute fees as a percentage of claims made, the District Court saw the alternative procedure as creating a “windfall” for the attorneys. We disagree. The entire Fund, and not some portion thereof, is created through the efforts of counsel at the instigation of the entire class. An allocation of fees by percentage should therefore be awarded on the basis of the total funds made available, whether claimed or not. We side with the circuits that take this approach. See Waters v. Int’l Precious Metals Corp., 190 F.3d 1291, 1295 (11th Cir.1999); Williams v. MGM-Pathe Commc’ns Co., 129 F.3d 1026, 1027 (9th Cir.1997). Our own cases refer to “percentage of the fund,” Wal-Mart Stores, 396 F.3d at 121 (emphasis supplied), and “percentage of the recovery,” Goldberger [v. Integrated Res., Inc.], 209 F.3d [43] at 47 [ (2d Cir.2000) ] (emphasis supplied). We take these references to be to the whole of the Fund.”

   1 later decision quote this exact passage · from the majority
   e.g. 706 F. Supp. 2d 766 - Lonardo v. Travelers Indemnity Co.

3. “the Clayton Act does not allow for prejudgment interest in the absence of a finding of bad faith on the part of defendants causing a material delay in the adjudication of the dispute”

   1 later decision quote this exact passage · from the majority
   e.g. 504 F. Supp. 2d 38 - In Re Linerboard Antitrust Litigation