New York Court of Appeals

Jon Flemming

October 21, 201015 N.Y.3d 375

Summary

The New York Court of Appeals affirmed that under CPLR 909, an objector in a class action is not entitled to an award of counsel fees or expenses. The majority held that the statute limits fee awards to the class representatives only, rejecting the application of the common fund doctrine to objectors. A dissent argued that the common fund rule should permit such awards and would have reversed the decision.