Ciolino v. Frank’s Empirical Analysis
716 F.3d 1173 · 2013
Citation profile
14 federal appellate · 2 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1712 (§ 3 of the Class Action Fairness Act of 2005)
Relies on Almendarez-Torres v. United States · Hensley v. Eckerhart · Morissette v. United States · Duncan v. Walker · Immigration and Naturalization Service v. Enrico St Cyr
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Contingent Fees in Coupon Settlements. If a proposed settlement in a class action provides for a recovery of coupons to a class member, the portion of any attorney’s fee award to class counsel that is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed. (b) Other Attorney’s Fee Awards in Coupon Settlements. (1) In general. If a proposed settlement in a class action provides for a recovery of coupons to class members, and a portion of the recovery of the coupons is not used to determine the attorney’s fee to be paid to class counsel, any attorney’s fee award shall be based upon the amount of time class counsel reasonably expended working on the action.”
8 later decisions quote this exact passage · from the majority“The practical effect of § 1712(c) is that the district court must perform two separate calculations to fully compensate class counsel. First, under subsection (a), the court must determine a reasonable contingency fee based on the actual redemption value of the coupons awarded. Second, under subsection (b), the court must determine a reasonable lodestar amount to compensate class counsel for any non-coupon relief obtained.”
3 later decisions quote this exact passage · from the majority“[A] fees award can be bifurcated or staggered to take into account the speculative nature of at least a portion of a class recovery.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.