Boeing Co. v. Van Gemart

In Boeing Co. v. Van Gemart, 444 U.S. 472, 100 S.Ct. 745, 62 L.Ed.2d 676 (1980), the district court entered judgment against Boeing and then ordered Boeing to deposit the amount of the judgment into escrow at a commercial bank. Boeing, 444 U.S. at 476, 100 S.Ct. at 748. Because each member of the class had an "undisputed and mathematically ascertainable claim to part of the lump-sum judgment," the members could obtain their share of the fund "simply by proving their individual claims against the judgment fund." Id. at 479, 100 S.Ct. at 749-50. The Court held that an attorney who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney's fee from the fund as a whole, including the unclaimed portion.