Supreme Court of the United States · Official docket →
David G. Behenna v. Blue Cross Blue Shield Association, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-13051 · judgment October 25, 2023
Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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When determining a reasonable attorney’s fee in a class action settlement with a common benefit fund, are district courts required to apply the percentage-of-thefund method?
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Even if it is appropriate to apply the percentageof-the-fund method in a class action settlement with a common benefit fund, may district courts presume that 25% of the fund is a reasonable request?
Counsel of record
For petitioner
Daniel Hirotsu Woofter
Goldstein, Russell & Woofter LLC
For respondent
Charles Justin Cooper
Cooper & Kirk, PLLC
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 04 2024Reply of petitioner David G. Behenna filed. (Distributed)
- May 30 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 29 2024Brief of Subscriber Respondents in opposition filed. VIDED.
- May 22 2024Application (23A1020) to file consolidated brief in opposition in excess of word limits granted by Justice Thomas. The Subscriber Respondents' consolidated brief in opposition may not exceed 13,000 words.
- May 13 2024Application (23A1020) to file consolidated brief in opposition in excess of word limits, submitted to Justice Thomas.
- Apr 25 2024Petition for a writ of certiorari filed. (Response due May 29, 2024)