Krause v. Rhodes
United States Court of Appeals for the Sixth Circuit
640 F.2d 214 (1981)
On May 4, 1970, during protests at Kent State University against the expansion of the Vietnam War into Cambodia, members of the Ohio National Guard fired into the crowd of protesters and killed four people, including Allison Krause. Nine injured people and the personal representatives of the four deceased people (plaintiffs) brought a consolidated lawsuit against Ohio Governor James Rhodes and other individuals (defendants). The lawsuit was settled between the State of Ohio (state) and the plaintiffs after lengthy litigation. The settlement was approved by a federal district court and provided for the state to pay the amount of $675,000, of which $600,000 would go directly to the plaintiffs, $50,000 to the contingent-fee attorneys, and $25,000 to cover out-of-pocket expenses. The state had conditioned its settlement offer on the plaintiffs personally receiving at least $600,000. In the course of the litigation, all of the plaintiffs and their counsel, including attorney Steven Sindell, had signed an agreement naming the American Civil Liberties Union (ACLU) as lead counsel for appellate proceedings. Sindell also had a 33.5 percent contingency-fee agreement with the plaintiffs. Under the settlement terms, Sindell and his associated firms only received $33,740 of the $50,000 allocated for attorneys’ fees, while the ACLU lawyers received nothing. Sindell appealed, arguing that the limitation on attorneys’ fees under the settlement agreement was invalidated by the contingency-fee agreement.
Rule of Law
Holding and Reasoning (Edwards, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.