U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether plaintiffs, having failed to demonstrate that common issues predominate over individual issues as to their cause of action under Federal Rule of Civil Procedure 23(b)(3), may nevertheless obtain certification of issue classes for that cause of action under Rule 23(c)(4).

Case Updates

Cert. petition denied

March 18, 2019

U.S. Chamber leads coalition amicus brief urging Supreme Court to review Sixth Circuit class action decision

November 13, 2018

The Chamber filed a coalition amicus brief urging the Supreme Court to grant cert. to review a Sixth Circuit decision permitting issues only class action under Federal Rules of Civil Procedure 23(c)(4) that fails Rule 23(b)(3)’s requirements of predominance and superiority.

Andrew J. Pincus of Mayer Brown LLP served as co-counsel for the Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents