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Full-Text Articles in Law
Attorneys’ Fees And Expenses In Class Action Settlements: 1993-2008, Theodore Eisenberg, Geoffrey P. Miller
Attorneys’ Fees And Expenses In Class Action Settlements: 1993-2008, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Working Papers
We report on a comprehensive data base of eighteen years of published opinions (1993-2008, inclusive) on settlements in class action and shareholder derivative cases in both state and federal courts. An earlier study, covering1993-2002 , revealed a remarkable relationship between attorneys’ fees and the size of class recovery: regardless of the methodology for calculating fees ostensibly employed by the courts, the overwhelmingly important determinant of the fee was simply the size of the recovery obtained by the class. The present study, which nearly doubles the number of cases in the data base, powerfully confirms that relationship. Fees display the same …
When Mira Liens Trump Attorney Fee Claims: A Harsh Result In Light Of Karpierz, Carrie B. Williamson
When Mira Liens Trump Attorney Fee Claims: A Harsh Result In Light Of Karpierz, Carrie B. Williamson
Missouri Law Review
The Missouri Incarceration Reimbursement Act ("MIRA") is a powerful tool which allows the State to recover incarceration costs directly from an inmate's personal assets. But what if the inmate's assets include funds obtained in some fashion by the legal services of an attorney? Could a subsequent MIRA claim take priority over that attorney's interest in being paid from the fruit of his labor? In the 2003 case of State ex reL. Nixon v. Karpierz, the Missouri Supreme Court sought to provide answers to these questions. Karpierz placed a limitation on the parameters of MIRA's reach by allowing a plaintiff inmate's …
I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah A. Ho
Faculty Publications
This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …