Clear sailing provision
WebNov 28, 2011 · A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article … WebThe Tenth Circuit Weighs In on ‘Kicker' and ‘Clear-Sailing' Provisions in Class Action Settlements Insight — 06/22/2024 Law.com ... agreements that contain “kicker” and “clear-sailing” agreements. In re Samsung Top-Load Washing Machine Marketing, Sales Practices and Products Liability Litigation, — F.3d. —, 2024 WL 1825685 ...
Clear sailing provision
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WebAs for attorneys’ fees, Nationstar agreed (in a so-called “clear sailing” provision) not to oppose class counsel’s fee request so long as it didn’t exceed $1,300,000. Class counsel submitted records accounting for over 3,000 billable hours. Using the District of . The value of a class member’s claim is determined by a points system ... WebFeb 11, 2024 · After reviewing the moving papers, and supporting evidence, and as no objections to the settlement have been made, the Court VACATES the February 16, 2024 hearing, see N.D. Cal. Civ. L.R. 7-1 (b), and GRANTS the motion for final approval and motions for attorney's fees and costs and incentive awards.
WebJun 8, 2024 · The Court further warned that the “very existence of a clear sailing provision increases the likelihood that class counsel will have bargained away something of value to the class.” Id. The ... WebOct 15, 2024 · Many agreements include a “clear sailing” provision, representing the defendant’s commitment not to object to a fee request up to an agreed-upon amount. Whatever agreement is reached about ...
Webclear sailing: 1 n easy unobstructed progress Synonyms: easy going , plain sailing Type of: advance , advancement , forward motion , onward motion , procession , progress , … WebJun 11, 2015 · Food for Thought: Provisioning 101. June 11, 2015 Heather Francis Cruising News. A guide to stocking up, storing food and eating well underway (published May 2015) Provisioning a cruising sailboat can seem like a daunting task. Trying to predict where you will be able to restock after leaving a major port can be stressful.
Webcould not survive the closer scrutiny that might be warranted where “kicker” and “clear-sailing” provisions are part of a class action settlement. The problems with the settlement extended to the valuation of the monetary relief, and correspondingly, the calculation of counsel’s fee award; though class counsel and the district court had
WebDec 15, 2014 · The court recognized that settlements including such “clear sailing” provisions contain the inherent risk that class counsel may collude with defendants to … ford super duty updatesWebThe settlement resulted in $864,115 split among 4,681 proposed class dancers and $950,000 for attorneys under a “clear-sailing” provision that provided defense counsel would not oppose any such request. The court found the disparity and the “clear-sailing” provision to be indicators of collusion between the parties and thus, grounds for ... embark financial servicesWebSep 15, 2024 · Clear Sailing Provision. The settlement provides, "Defendants agree not to oppose or object to any application or motion by Class Counsel for attorneys' fees not to exceed thirty-three and one-third percent (33-1/3%) of the Maximum Settlement Amount[.]" Settlement § O.4. Such a clear sailing provision raises a red flag as its benefit accrues ... embark flathead valleyWebJun 15, 2004 · A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This … embark financial statementsWebFeb 16, 2016 · Well, not all judges see a “clear sailing” provision as entirely benign. The term refers to an agreement in a class action settlement in which the settling … embark folding chair greyWebNoun 1. clear sailing - easy unobstructed progress; "after we solved that problem the rest was plain sailing" easy going, plain sailing forward motion,... Clear sailing - definition of … embark flashlightWebJun 8, 2024 · The Sailing Arrangement. The Briseño settlement agreement had a “sailing arrangement” where the defendant agreed not to challenge the agreed-upon fees for … ford super duty trucks wikipedia