Issues: (1) Whether district courts may be required to use the inherently subjective and effectively unreviewable factors to determine common-fund fee awards set out in Johnson v. Georgia Highway Express, Inc. despite the court’s rejection of the that approach in Perdue v. Kenny; (2) whether district courts may be required to calculate common-fund attorney’s fees only as a percentage of the fund, or may instead award fees based on the attorney’s lodestar; and (3) whether the U.S. Court of Appeals for the 11th Circuit may mandate that district courts adopt a 25% “benchmark” for percent-of-fund attorney’s fee awards.
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