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Eric Alan Isaacson v. Maribel Moses, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2979 · judgment February 10, 2026


0%
estimated cert probability
(petition-stage, structural)
Rule 10: circuit split argued
At the Nov 6 conference: granted 0% · GVR 0.16% · relisted 14% · denied 86%
Granted ever, conference-stage estimate: 0.34%

Well below the 4.1% base rate: the model weights this down for a self-represented petitioner.

Question presented

“Since the decisions in Trustees v. Greenough, 105 U.S. 527 (1882), and Central Railroad & Banking Co. v. Pettus, 113 U.S. 116 (1885), this Court has recognized consistently that a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney’s fee from the fund as a whole,” Boeing Co. v. Van Gemert, 444 U.S. 472, 478 (1980), provided the fee award is “made with moderation.” Greenough, 105 U.S. at 536–37. But payments to representative plaintiffs for their own “personal services” in the case are “decidedly objectionable,” “illegally made,” id. at 537–38, and “unsupported by reason or authority.” Pettus, 113 U.S. at 122. The Eleventh Circuit thus holds that “Supreme Court precedent prohibits incentive awards” to reward litigants for serving as representative plaintiffs in class-action litigation. Johnson v. NPAS Solutions, LLC, 975 F.3d 1244, 1255 (11th Cir.2020), reh’g denied, 43 F.4th 1138 (11th Cir.2022). Five other circuits have rejected that conclusion as superseded by modern class-action practice. The question presented is: May district courts, consistent with the common-fund doctrine of Greenough and Pettus, and without authorization by statute or rule, approve payments from class-action commonfund settlement funds to compensate litigants for their personal service as representative plaintiffs?

Counsel of record

For petitioner
Eric Alan Isaacson
Law Office of Eric Alan Isaacson

For respondent
Neal J. Deckant
Bursor & Fisher, P.A.

Case

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

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 07 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Oct 02 2026
    Reply of petitioner Eric Alan Isaacson filed.
  3. Sep 18 2026
    Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2026, for all respondents.
  4. Sep 18 2026
    Brief of respondent The New York Times Company in opposition filed.
  5. Sep 18 2026
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  6. Sep 18 2026
    Brief of respondent Maribel Moses in opposition filed.
  7. Sep 15 2026
    Motion to extend the time to file a response from September 18, 2026 to October 19, 2026, submitted to The Clerk.
  8. Aug 19 2026
    Response Requested. (Due September 18, 2026)
  9. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  10. Jul 21 2026
    Waiver of right of respondent The New York Times Company to respond filed.
  11. Jul 14 2026
    Waiver of right of respondent Maribel Moses to respond filed.
  12. Jun 18 2026
    Petition for a writ of certiorari filed. (Response due July 23, 2026)