Supreme Court of the United States · Official docket →
William Yeatman v. Kathryn Hyland, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3765, 20-3766 · judgment September 7, 2022
Before the decision, about 5.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.
Question presented
The Second Circuit affirmed Rule 23(e)(2) approval of a cy-pres class-action settlement that paid no money to the class of student-loan borrowers, but millions of dollars to form a new organization operated by individuals affiliated with class counsel and the teachers’ union secretly funding the litigation. Class members will receive no pecuniary benefit from the $2.4 million settlement fund, no incremental benefit from the formation of the new organization, and many will not even realize any benefit from the settlement’s prospective injunctive relief because they no longer do business with the defendant. The question presented is: Whether, or in what circumstances, a court may approve a settlement as “fair, reasonable, and adequate” under Rule 23(e) or certify a class under Rule 23(b) when it pays a cy pres award to third parties from the settlement fund.
Counsel of record
For petitioner
Theodore Harold Frank
Hamilton Lincoln Law Institute
For respondent
Beth Susan Brinkmann
Covington & Burling
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 28 2023Reply of petitioner William Yeatman filed. (Distributed)
- Mar 10 2023Brief of respondents Kathryn Hyland, et al. in opposition filed. VIDED.
- Mar 10 2023Brief of respondents Navient Corporation and Navient Solutions, LLC in opposition filed. VIDED.
- Feb 06 2023Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2023, for all respondents.
- Feb 03 2023Motion to extend the time to file a response from February 21, 2023 to March 10, 2023, submitted to The Clerk.
- Jan 18 2023Brief amicus curiae of Center for American Liberty filed.
- Jan 17 2023Brief amicus curiae of Manhattan Institute filed (also in 22-554). VIDED.
- Jan 17 2023Brief amici curiae of Montana, et al. filed.
- Jan 11 2023Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2023, for all respondents.
- Jan 10 2023Motion to extend the time to file a response from January 19, 2023 to February 21, 2023, submitted to The Clerk.
- Jan 06 2023Brief of respondent Richard Estle Carson III in support filed.
- Dec 16 2022Petition for a writ of certiorari filed. (Response due January 19, 2023)