Upon the settlement of a class action numerous attorneys petitioned the court for fees. Attorneys Kohn and Berger had private fee agreements with their clients but petitioned the court for fees as Class Representatives. Kohn divided those involved in the settlement into four groups. Two of those groups were class members represented by attorneys who had not contributed to the efforts to create the settlement fund from which Kohn wanted 1/6th of their share of the settlement fund and class members who filed claims but had not joined in the suit or contacted an attorney in the settlement negotiations from which Kohn wanted 1/3rd of their share of the settlement fund. This petition was opposed by unrepresented claimants. Kohn was granted fees from the group it wanted 1/3rd from but was only granted a 1/5th share. Those parties appealed the fee award.

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