Trial Judge Failed To Honor Voluntary Dismissal By Plaintiffs In Awarding Fees To Defense, While Lower Court Failed To Utilize Lodestar Methodology In Awarding Reduced Fees To
Plaintiffs Under Settlement Agreement.
Not exact matches
«As set forth in the memorandum of understanding, any payment to be made by Apple
under the
settlement agreement will be contingent on the outcome of that appeal,» Steve Berman of Hagens Berman Sobol Shapiro, the
plaintiffs» lead lawyer, wrote in a letter to the judge.
Any repayment,
under the funding
agreement is contingent upon the direction and time frame of the
Plaintiffs» personal injury litigation, which may be resolved through a myriad of possible outcomes, such as
settlement, dismissal, summary judgment, or trial.»
Under the financing
agreement,
plaintiffs were only to receive payment from the
settlement after eight different groups of lawyers, funders, and advisors received their payouts.
''... [T] he entire amount of a
settlement, including the portion to be paid to the attorney
under a contingency fee
agreement is included in the gross income of the
plaintiff for the year of the payment.
Under this
agreement, Elpida will pay $ 5.75 million plus certain interest for the benefit of the
settlement class and provide co-operation to the
plaintiffs in prosecuting the class actions against the remaining non-settling defendants in exchange for a full release against it and its related entities relating to the BC, Ontario and Quebec actions.
In this one,
plaintiff sought recovery of $ 46,500
under the terms of the
settlement agreement, but ultimately only obtained an award of $ 10,000.