In re Checking Account Overdraft Litigation’s Empirical Analysis
2011
Citation profile
3 district ·
Relationships
Applies 12 U.S.C. § 5394 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Mullane v. Central Hanover Bank & Trust Co. · Blum v. Stenson · Mills v. Electric Auto-Lite Co. · Johnson v. Georgia Highway Express, Inc. · Phillips Petroleum Co. v. Shutts
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the time and labor required; (2) the novelty and difficulty of the relevant questions; (3) the skill required to properly carry out the legal services; (4) the preclusion of other employment by the attorney as a result of his acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the clients or the circumstances; (8) the results obtained, including the amount recovered for the clients; (9) the experience, reputation, and ability of the attorneys; (10) the "undesirability" of the case; (11) the nature and the length of the professional relationship with the clients; and (12) fee awards in similar cases.”
2 later decisions quote this exact passage · from the majority“Generally, the contingency retainment must be promoted to assure representation when a person could not otherwise afford the services of a lawyer.... A contingency fee arrangement often justifies an increase in the award of attorney's fees. This rule helps assure that the contingency fee arrangement endures. If this "bonus" methodology did not exist, very few lawyers could take on the representation of a class client given the investment of substantial time, effort, and money, especially in light of the risks of recovering nothing.”
2 later decisions quote this exact passage · from the majority“Numerous cases recognize that the attorney's contingent fee risk is an important factor in determining the fee award”
2 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.