United States Second Circuit

District court order requiring plaintiff to pay a portion of its negotiated fee to a plaintiffs' committee appointed by the court to oversee the plaintiffs' side of the litigation is vacated and remanded where: 1) the district court exceeded its discretion in concluding that plaintiff should pay the same per-client contribution to the Committee as other non-Committee counsel, as there were numerous and serious errors in reasoning in making the award; and 2) the abbreviated procedures used by the district court were adequate to adjudicate a dispute over the allocation of fees, and the court was not obligated to conduct more extensive proceedings or compel production of the Committee counsel's time.

Appellate Information

• Decided 06/05/2009
• Published 06/05/2009

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John S. Martin, Jr., Martin & Obermaier, LLC, New York, NY, for Claimants-Appellants.


• For Appellees:
  
• Steven R. Pounian, Kreindler & Kreindler, LLP, New York, NY, for Claimants-Appellees.