- 14 - current and former employees of IDS who did not join were notified that they were not entitled to share in any recovery. Petitioner asserts that the attorney's fees were not awarded to him personally, but rather that they were awarded directly to Winthrop and Weinstine. Petitioner points to the fact that Winthrop and Weinstine was the sole payee on the $23,783,333 check that included the portion of the funds recovered allocable to attorney's fees, and petitioner argues that under ADEA an award of attorney's fees is authorized directly to the plaintiffs' attorneys. We note that the $23,783,333 check included the $12,616,666 portion of the award allocated to tort damages awarded to the class action plaintiffs and that the total amount of this check was deposited into a trust account in favor of the class action plaintiffs. Presumably, if the class action plaintiffs had no interest in the portion of the funds allocable to attorney's fees, two checks would have been requested, and each check would have been deposited into separate accounts -- one for the class action plaintiffs in the amount of $12,616,666 representing the tort damages received and one for Winthrop and Weinstine in the amount of $11,166,666 representing the attorney's fees. The relevant documentation in the Glass and Stephens class action lawsuits against IDS repeatedly acknowledges that attorney's fees would be owed by the class plaintiffs and thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011