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Rodriguez v. Disner

United States Court of Appeals for the Ninth Circuit
688 F.3d 645 (2012)


The law firm of McGuire Woods acquired another law firm and, as a result, took control of a class action lawsuit against West Publishing. The lawsuit settled and the district court granted an award of attorney fees to McGuire Woods. Certain class members appealed the fee award on claims that an incentive agreement offered to the named class members created a conflict between the named members and the remaining class members. The incentive agreement provided guaranteed payment amounts to the named class members based on the total recovery but capped the maximum payment to each named class member at $75,000 for any recovery amounting to $10 million or more. The appellate court concluded that the fee agreement created a conflict of interest and remanded to the district court for a new fee order. On remand, the district court decided to award no attorney's fees at all. McGuire Woods appealed.

Rule of Law


Holding and Reasoning (Ikuta, J.)

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