common-fund

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-259 Eric Alan Isaacson v. Meta Platforms, Inc., fka Facebook, Inc. Ninth Circuit 2024-09-09 Denied Response RequestedResponse WaivedRelisted (2) attorney-fees class-action common-fund lodestar representative-plaintiffs settlement-funds "Since the decisions in Trustees v. Greenough, 105 U.S. 527 (1882), and Central Railroad & Banking Co. v. Pettus, 113 U.S. 116 (1885), this Court has …
22-634 Richard Estle Carson, III v. Kathryn Hyland, et al. Second Circuit 2023-01-09 Denied Response Waived class-action class-actions common-fund incentive-award incentive-awards representative-plaintiff representative-plaintiffs rule-23 service-award supreme-court-precedent Does Rule 23 abrogate this Court's holdings that payments in common-fund class actions to compensate representative plaintiffs for their personal serv…
22-517 Jenna Dickenson v. Charles T. Johnson, et al. Eleventh Circuit 2022-12-05 Denied Response RequestedResponse WaivedRelisted (3) attorney-fees common-fund equitable-fund johnson-factors judicial-discretion lodestar-method percentage-fee percentage-of-fund perdue-v-kenny 1. Whether district courts may be required to use the inherently subjective and effectively unreviewable Johnson factors to determine common-fund fee …
20-1150 Shelby L. Haynes, et al. v. Central States, Southeast and Southwest Areas Health and Welfare Fund, et al. Seventh Circuit 2021-02-22 Denied agreement common-fund common-fund-rule equitable-lien erisa erisa-fiduciary fiduciary non-contractual-claims plan-administrator retroactive-application retroactivity 1. Can an ERISA plan fiduciary assert equitable lien by agreement claims against persons with which it has no agreement? 2. Can the undisclosed condi…
19-504 Kara Bowes v. Christina Melito, et al. Second Circuit 2019-10-18 Denied Response Waived attorney-fees central-r-&-banking-co-v-pettus class-action common-fund incentive-awards litigation-expenses precedent precedential-force representative-plaintiffs trustees-v-greenough This Court's longstanding precedent holds that representative plaintiffs whose litigation creates a "common fund" benefiting a larger class may recove…
19-244 Isaacson/Weaver Family Trust v. Fresno County Employees' Retirement Association, et al. Second Circuit 2019-08-23 Denied Response Waived attorney-fees civil-procedure class-action common-fund common-fund-settlement fee-shifting lodestar lodestar-method securities securities-law 1. Do this Court's decisions defining "a reasonable attorney's fee" in fee-shifting cases also constrain a district court's discretion in awarding "re…
18-301 Chieftain Royalty Company v. Charles David Nutley, et al. Tenth Circuit 2018-09-07 Denied Amici (4) attorney-fees civil-procedure civil-rights class-action common-fund common-fund-fees diversity diversity-jurisdiction due-process federal-law inherent-power judicial-discretion state-law Whether common-fund fee awards are governed in diversity cases by state or federal law.