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Jenna Dickenson v. Charles T. Johnson, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-12344 · judgment September 17, 2020


Certiorari denied · April 17, 2023
Pre-decision estimate: 16% cert probability (95% interval 10%–25%)

Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing three to ten dissents.

Questions presented

This Court has long held attorney’s fees may be awarded from a common fund or equitable fund based either on the attorney’s fees reasonably incurred and billed, see Trustees v. Greenough, 105 U.S. 527, 530-31, 537-38 (1882), or as a modest percentage of the fund, see Central RR & Banking Co. v. Pettus, 113 U.S. 116, 128 (1885)(cutting fee award from 10% to 5%). The Eleventh Circuit, however, requires district courts to calculate common-fund fee awards only as a percentage of the fund, mandating that they do so using the 12-factor approach of Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974), that this Court has repudiated as too subjective to cabin trial courts’ discretion or even “to permit meaningful judicial review.” Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542, 551-52 (2010). The questions presented are:

  1. Whether district courts may be required to use the inherently subjective and effectively unreviewable Johnson factors to determine common-fund fee awards despite Perdue’s rejection of the Johnson-factors approach.

  2. Whether district courts may be required to calculate common-fund attorney’s fees only as a percentage of the fund, or may instead award fees based on the attorney’s lodestar as is permitted by Courts of Appeals other than the Eleventh Circuit and the District of Columbia Circuit.

  3. Whether the Court of Appeals may mandate that district courts adopt a 25% “benchmark” for percent-offund attorney’s fee awards.

Counsel of record

For petitioner
Eric Alan Isaacson
Law Office of Eric Alan Isaacson

For respondent
Ashley Conrad Keller
Keller Postman LLC

Case

Subject area
Attorneys (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Related
Vide, 22-389

Linked docket
22A343

Order
Order list, April 17, 2023 · Certiorari denied

Proceedings

  1. Apr 17 2023
    Petition DENIED.
  2. Apr 03 2023
    Supplemental brief of petitioner Jenna Dickenson filed. VIDED. (Distributed)
  3. Mar 29 2023
    DISTRIBUTED for Conference of 4/14/2023.
  4. Mar 13 2023
    Rescheduled.
  5. Mar 03 2023
    Reply of petitioner Jenna Dickenson filed. (Distributed)
  6. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  7. Feb 13 2023
    Brief of respondent Charles Johnson in opposition filed.
  8. Jan 18 2023
    Response Requested. (Due February 17, 2023)
  9. Jan 11 2023
    DISTRIBUTED for Conference of 2/17/2023.
  10. Dec 09 2022
    Waiver of right of respondent Charles Johnson to respond filed.
  11. Dec 01 2022
    Petition for a writ of certiorari filed. (Response due January 4, 2023)
  12. Oct 26 2022
    Application (22A343) granted by Justice Thomas extending the time to file until December 1, 2022.
  13. Oct 21 2022
    Application (22A343) to extend the time to file a petition for a writ of certiorari from October 22, 2022 to December 21, 2022, submitted to Justice Thomas.