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Chieftain Royalty Company v. Charles David Nutley, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-6022, 16-6025 · judgment July 3, 2017

Certiorari denied · November 13, 2018
Pre-decision estimate: 10% cert probability (95% interval 6%–16%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner.

Question presented

This Court has long held that a “lawyer who recovers a common fund for the benefit of persons other than … his client is entitled to a reasonable attorney’s fee from the fund.” Boeing Co. v. Van Gemert, 444 U.S. 472, 478 (1980). Federal courts award such commonfund fees using their “inherent power.” E.g., Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 259 (1975). The question presented is: Whether common-fund fee awards are governed in diversity cases by state or federal law. (i)

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Eric Alan Isaacson
Law Office of Eric Alan Isaacson

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 cert-stage

Linked docket
17A1363

Proceedings

  1. Nov 13 2018
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 23 2018
    Reply of petitioner Chieftain Royalty Company filed.
  4. Oct 10 2018
    Letter pursuant to Rule 12.6 from counsel for the petitioner received.
  5. Oct 10 2018
    Amicus brief of Professor Charles Silver not accepted for filing. (October 11, 2018) (Corrected version submitted)
  6. Oct 09 2018
    Brief amici curiae of Former Federal Judges filed.
  7. Oct 09 2018
    Brief amicus curiae of Professor Charles Silver filed.
  8. Oct 09 2018
    Brief amicus curiae of Arthur R. Miller filed.
  9. Oct 09 2018
    Brief amicus curiae of Provident Energy, Ltd. filed.
  10. Oct 09 2018
    Brief of respondent Charles David Nutley in opposition filed.
  11. Oct 08 2018
    Blanket Consent filed by Respondent, Charles David Nutley.
  12. Sep 25 2018
    Blanket Consent filed by Petitioner, Chieftain Royalty Company.
  13. Sep 07 2018
    Petition for a writ of certiorari filed. (Response due October 9, 2018)
  14. Jul 25 2018
    Application (17A1363) granted by Justice Sotomayor extending the time to file until September 7, 2018.
  15. Jul 24 2018
    Application (17A1363) to extend further the time from August 9, 2018 to September 7, 2018, submitted to Justice Sotomayor.
    Written RequestProof of Service
  16. Jun 12 2018
    Application (17A1363) granted by Justice Sotomayor extending the time to file until August 9, 2018.
  17. Jun 11 2018
    Application (17A1363) to extend the time to file a petition for a writ of certiorari from July 10, 2018 to August 9, 2018, submitted to Justice Sotomayor.
    Main DocumentLower Court Orders/OpinionsProof of Service