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Court Of Chancery Explains Shared Causation In Fee Award

Smith, Katzenstein & Jenkins LLP v. Fidelity Management & Research Company, C.A. 8066-VCL (April 16, 2014)

This decision explains how to calculate an attorney fee when there are 2 potential causes for a favorable settlement of a class action. The fee is divided based on the Court's views as to what is fair. A class member who hires its own attorney who is a cause of much of the recovery is not for that reason alone able to avoid a fee award to class counsel.

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