SWN Production Co LLC v. Blue Beck Ltd

Circuit 3Sep 29, 2026

Split Score

SplitScore: 74/100

Case Summary

Disposition

Vacated

The Third Circuit held that the district court lacked constitutional authority to rule on Blue Beck Ltd.’s motion for attorney’s fees after the underlying lease dispute was dismissed as unripe for lack of Article III jurisdiction. Accordingly, the panel vacated the fee order and remanded with instructions to dismiss the motion.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether a federal district court that has dismissed a case for lack of subject-matter jurisdiction may nevertheless entertain and award attorney’s fees under a fee-shifting provision.

Circuit Positions

Circuit 2Circuit 3(this circuit)Circuit 5Circuit 6Circuit 8Circuit 9Circuit 11

A district court lacks authority to award attorney’s fees after dismissing a case for lack of subject-matter jurisdiction.

Circuit 7Circuit 10

A district court may award attorney’s fees under certain fee-shifting statutes even when it lacks subject-matter jurisdiction over the merits.

Conflict Summary

Several circuits hold that once a court determines it lacks subject-matter jurisdiction, it is powerless to award fees under any fee-shifting provision, while other circuits treat a statutory fee request as a separate case or controversy that can be adjudicated even after jurisdiction over the merits is found wanting.

Parties & Counsel

Parties

Appellant:Blue Beck Ltd.
Appellee:SWN Production Co., LLC

Legal Counsel

Appellant:Thomas J. Campenni; Robert D. Schaub – Rosenn Jenkins & Greenwald; Steven G. Leventhal – Leventhal Mullaney & Blinkoff
Appellee:Cara L. Brack; Carolyn B. McGee; Ronald L. Hicks – Nelson Mullins