Supreme Court of the United States · Official docket →
Anna St. John v. Lisa Jones, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-2292 · judgment June 29, 2022
Before the decision, about 4× 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 an Eighth Circuit decision below.
Question presented
The Eighth Circuit affirmed Rule 23(e)(2) approval of a class-action settlement that distributed roughly $16 million to uninjured nonprofits as so-called cy pres, $12 million to class members (with about 98% of the class—about ten million members—receiving no cash), and $10 million to attorneys. The Eighth Circuit rejected First Amendment and fairness challenges to the settlement subsidizing left-leaning organizations without consent of class members because absent class members had no property interest in the settlement funds, breaking with decisions of the Fifth and Seventh Circuits that such settlement funds belong to the class, rather than the attorneys. The question presented is: Whether, or in what circumstances, a court may approve a settlement as “fair, reasonable, and adequate” under Rule 23(e)(2) when it pays a substantial cy pres award to third parties from the settlement fund.
Counsel of record
For petitioner
Theodore Harold Frank
Hamilton Lincoln Law Institute
For respondent
John Justin Rosenthal
Winston & Strawn LLP
Proceedings
- May 15 2023Petition DENIED.
- May 08 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 24 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 07 2023Reply of petitioner Anna St. John filed.
- Feb 16 2023Brief of respondent Monsanto Company in opposition filed.
- Feb 16 2023Brief of respondents Lisa Jones, Horacio Torres Bonilla, and Kristoffer Yee in opposition filed.
- Jan 17 2023Brief amicus curiae of Manhattan Institute filed (also in 22-566). VIDED.
- Jan 17 2023Brief amici curiae of Montana, et al. filed.
- Jan 17 2023Brief amicus curiae of Center for American Liberty filed.
- Jan 17 2023Brief amicus curiae of The Buckeye Institute filed.
- Jan 05 2023The motions to extend the time to file responses are granted and the time is extended to and including February 16, 2023, for all respondents.
- Jan 04 2023Motion or respondents Lisa Jones, et al. to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
- Jan 04 2023Motion of respondent Monsanto Company to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
- Dec 14 2022Petition for a writ of certiorari filed. (Response due January 17, 2023)
- Nov 07 2022Application (22A395) granted by Justice Kavanaugh extending the time to file until December 14, 2022.
- Nov 03 2022Application (22A395) to extend the time to file a petition for a writ of certiorari from November 14, 2022 to December 14, 2022, submitted to Justice Kavanaugh.