The U.S. Court of Appeals for the Seventh Circuit on Monday said a shareholder should have been allowed to intervene in a class action and weigh in on a dispute over the controversial payment of “mootness fees” to plaintiffs attorneys.

Here, Akorn Inc. shareholders brought several lawsuits against the pharmaceutical company alleging its proxy statement asking investors to approve a merger failed to disclose information in violation of federal securities law. The shareholders agreed to dismiss the suits as moot after Akorn added disclosures to the proxy statement.