Document Type

Article

Publication Date

1-4-2007

Abstract

Plaintiffs-appellants, members of a class of present and former professional models, and their counsel appeal from two orders entered in the United States District Court for the Southern District of New York (Baer, J.) approving settlements and awarding attorneys' fees in a class action brought against defendant modeling agencies for conspiracy to fix commissions charged to members of plaintiff class, in violation of the Sherman Act. Also before us are appeals from an order denying reconsideration of those orders and an order allocating the proceeds of settlement with a bankrupt defendant. The appellants contend that the District Court erred in (1) ordering the distribution of settlement proceeds in excess of recognized losses to various charities rather than to the class members as treble damages and prejudgment interest; (2) allocating the funds derived from the estate of a bankrupt defendant without additional notice to the class; and (3) applying the wrong standard in awarding counsel fees, with the result that the fee allowance to counsel for plaintiffs-appellants is inadequate.

426*426 For the reasons that follow, we vacate the orders appealed from insofar as they relate to the distribution of settlement proceeds and the award of counsel fees and remand the case to the District Court for reconsideration of those matters; and we affirm the orders in all other respects.

Comments

Amanda MASTERS, on her own behalf and on behalf of a class of similarly situated persons, Justin Klentner, on own behalf and on behalf of a class of similarly situated persons, Lorelei Shellist, on own behalf and on behalf of a class of similarly situated persons, Barbara Cheeseborough, on own behalf and on behalf of similarly situated persons, Carla Gross, on own behalf and on behalf of a class of similarly situated persons, doing business as Sebastian Cardon, Simon Beardmore, Szuzanna Boros, Thomas Bradley, Jennifer Curran, Valarie Gardanao, Bill Goins, Eleanora Miller, also known as Elle Miller, Virginia Nelson, Alicia Pine, Anne Rogan, Angela Shelton, Shoemaker Laura, Todd Snyder, Hillary Sway and Monica Walker, Plaintiffs, Carolyn Fears, Donna Gibbs, Sharon Simon, Carol McIlvaine, also known as Carol Alston and Tiffany Connor, on their own behalf and on behalf of a class of similarly situated persons, Plaintiffs-Appellants, Boies, Schiller & Flexner LLP, Appellant, Amy Haberman, Thomas Preston and Edmund Flory, Consolidated Plaintiffs, v. WILHELMINA MODEL AGENCY, INC., also known as Wilhelmina Artist Management LLC, Ford Models, Inc., formerly known as Ford Model Agency, Elite Model Management, Inc., Click Model Management, Inc., Next Management Company, Boss Models, Inc., Gerard W. Ford, DNA Model Management, LLC, IMG Models, Inc., Zoli Management, Inc. and Images Management, Inc., Defendants-Appellees, The MFME Management, Ltd., Q Model Management, LLC and Model Management Corporation, formerly known as International Model Managers Association, Inc., Defendants.

Docket Nos. 05-2897-cv(L), 05-5766-cv(CON).

United States Court of Appeals, Second Circuit.

Argued: May 19, 2006.

Decided: January 4, 2007.

New York Law School location: File #3478, Box #151

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