North Carolina Business Litigation Report

In re Senergy and Thoro Class Action Settlement, 2000 NCBC 7 (N.C. Super. Ct. )(Tennille)

The determination of reasonable attorneys' fee under nationwide class action settlement is within the Court's discretion. The court considered Model Rule of Professional Conduct 1.5(b) in making its award. It rejected the percentage of fund approach given the uncertainty of the amount that might ultimately be awarded to the members of the class. Class counsel had the obligation to present time records which justified their fee request, the Court would not ask for them.

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Mack Sperling
Brooks Pierce, LLP
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