The 'common fund' doctrine (sometimes called the 'equitable fund' doctrine or the 'fund-in-court' doctrine). The common fund doctrine was first articulated by the United States Supreme Court in Trustees v. Greenough, 105 U.S. 527, 26 L.Ed. 1157 (1881). It was extended to class actions four years later in Central Railroad & Banking Co. v. Pettus, 113 U.S. 116, 5 S.Ct. 387, 28 L.Ed. 915 (1885). The common fund doctrine is a well-established basis for awarding attorney's fees in the Court of Chancery. See, e.g., Tandycrafts, Inc. v. Initio Partners, 562 A.2d at 1166; Maurer v. International Re-Insurance Corp., 95 A.2d at ...
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