How have the courts treated contingent fees in a class action?

MultiRegion, United States of America

The following excerpt is from City of Detroit v. Grinnell Corp., 560 F.2d 1093 (2nd Cir. 1977):

We have reviewed the pre-settlement facts at some length in an effort to appraise properly the factors which should be considered in making an award, since it is our function to define the "fair and just allowances" dictated by Trustees v. Greenough, supra. In so doing, we reject as having no relevant precedential value cases involving contingent fees arranged by agreements with clients; stockholders' derivative actions; and antitrust cases for which 4 of the Clayton Act, 15 U.S.C. 15, expressly provides an award of counsel fees against the losing defendant. Settled class actions are an entirely different category, and this case illustrates the reason.

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