CHARLES I. FRIEDMAN, P.C. v. MICROSOFT

No. 1 CA-CV 05-0313.

141 P.3d 824 (2006)

CHARLES I. FRIEDMAN, P.C., an Arizona corporation; The Power P.E.O., Inc., an Arizona corporation; Jake Lucero; on behalf of themselves and all others similarly situated, Plaintiffs/Appellees, v. MICROSOFT CORPORATION, a Washington corporation, Defendant/Appellant. Townsend and Townsend and Crew, LLP., Class Counsel/Appellant, v. Microsoft Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department D.

August 24, 2006.


Attorney(s) appearing for the Case

Shughart Thomson & Kilroy, P.C. By Brian Michael Goodwin, Rudolph J. Gerber, Marty Harper, Kelly J. Flood, Lori V. Berke, Phoenix, Co-Counsel for Appellees Friedman.

Lerach Coughlin Stoia Geller Rudman Robbins, L.L.P. By Leonard B. Simon, Susan G. Taylor, Pamela M. Parker, San Diego, CA, Patrick J. Coughlin, San Francisco, CA, Co-Counsel for Appellees Friedman.

Bonnett Fairbourn Friedman & Balint, P.C. By Francis J. Balint, Jr., Phoenix, Co-Counsel for Appellees Friedman.

Osborn Maledon, P.A. By William Maledon, Thomas L. Hudson, Keith A. Swisher, Meghan Grabel, Phoenix, Co-Counsel for Appellant Microsoft.

Montgomery McCracken Walker & Rhoads, L.L.P. By Charles B. Casper, Philadelphia, PA, Co-Counsel for Appellant Microsoft.

Sullivan & Cromwell By David B. Tulchin, New York, NY, Co-Counsel for Appellant Microsoft.

Townsend and Townsend and Crew By Richard Grossman, Eugene Crew, San Francisco, CA, Co-Counsel for Appellant Townsend.

Thomas A. Zlaket, P.L.L.C. By Thomas A. Zlaket, Tucson, Co-Counsel for Appellant Townsend.


OPINION

KESSLER, Presiding Judge.

¶ 1 Microsoft appeals the superior court's award of $19,132,728 in attorneys' fees to class counsel1 for their representation of the class members in this consolidated antitrust action. That award is based on a settlement agreement with a "face value" of $104.6 million and a provision that Microsoft pay class counsel "reasonable attorneys' fees... calculated on a common fund basis." Microsoft...

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