No. 18-301

Chieftain Royalty Company v. Charles David Nutley, et al.

Lower Court: Tenth Circuit
Docketed: 2018-09-07
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: attorney-fees civil-procedure civil-rights class-action common-fund common-fund-fees diversity diversity-jurisdiction due-process federal-law inherent-power judicial-discretion state-law
Key Terms:
ClassAction Jurisdiction
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether common-fund fee awards are governed in diversity cases by state or federal law

Question Presented (from Petition)

QUESTION PRESENTED This Court has long held that a “lawyer who recovers a common fund for the benefit of persons other than ... his client is entitled to a reasonable attorney’s fee from the fund.” Boeing Co. v. Van Gemert, 444 U.S. 472, 478 (1980). Federal courts award such commonfund fees using their “inherent power.” E.g., Alyeska Pipeline Service Co. v. Wilderness Society, 421 US. 240, 259 (1975). The question presented is: Whether common-fund fee awards are governed in diversity cases by state or federal law. @

Docket Entries

2018-11-13
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-23
Reply of petitioner Chieftain Royalty Company filed.
2018-10-10
Letter pursuant to Rule 12.6 from counsel for the petitioner received.
2018-10-09
Brief of respondent Charles David Nutley in opposition filed.
2018-10-09
Brief amicus curiae of Professor Charles Silver filed.
2018-10-09
Brief amicus curiae of Provident Energy, Ltd. filed.
2018-10-09
Brief amicus curiae of Arthur R. Miller filed.
2018-10-09
Brief amici curiae of Former Federal Judges filed.
2018-10-08
Blanket Consent filed by Respondent, Charles David Nutley.
2018-09-25
Blanket Consent filed by Petitioner, Chieftain Royalty Company.
2018-09-07
Petition for a writ of certiorari filed. (Response due October 9, 2018)
2018-07-25
Application (17A1363) granted by Justice Sotomayor extending the time to file until September 7, 2018.
2018-07-24
Application (17A1363) to extend further the time from August 9, 2018 to September 7, 2018, submitted to Justice Sotomayor.
2018-06-12
Application (17A1363) granted by Justice Sotomayor extending the time to file until August 9, 2018.
2018-06-11
Application (17A1363) to extend the time to file a petition for a writ of certiorari from July 10, 2018 to August 9, 2018, submitted to Justice Sotomayor.

Attorneys

Arthur R. Miller
Arthur R. Miller — Amicus
Arthur R. Miller — Amicus
Charles David Nutley
Eric Alan IsaacsonLaw Office of Eric Alan Isaacson, Respondent
Eric Alan IsaacsonLaw Office of Eric Alan Isaacson, Respondent
Chieftain Royalty Company
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Former Federal Judges
Robert Harlan Henry Jr.Robert H. Henry, Amicus
Robert Harlan Henry Jr.Robert H. Henry, Amicus
Professor Charles Silver
Charles Martin SilverUniversity of Texas School of Law, Amicus
Charles Martin SilverUniversity of Texas School of Law, Amicus
Provident Energy, Ltd.
John ThorneKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
John ThorneKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus