U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Whether a district court at the class certification stage must evaluate the evidence regarding whether putative class members in fact suffered a common injury, and thus that the class is sufficiently cohesive to bind all putative class members under plaintiffs’ proffered theory of liability, or whether such an inquiry should occur only at the merits stage.

2. Whether Article III permits a class to be certified based on (a) the standing of the named plaintiffs or (b) the violation of a state statute, where the record demonstrates that many unnamed class members have not suffered an injury caused by the defendant’s alleged conduct.

3. Whether a class may be certified under Federal Rule of Civil Procedure 23(b)(3) where the named plaintiffs fail to demonstrate a reliable and feasible way to ascertain class membership beyond relying on class members’ affidavits.

Case Updates

Cert. petition denied

March 28, 2016

U.S. Chamber urges Supreme Court to review class action certification issues

January 29, 2016

The U.S. Chamber and Business Roundtable filed an amicus brief encouraging the Supreme Court to review a Sixth Circuit decision in which a divided panel allowed a certified class action to proceed based on the named plaintiffs’ mere promise that, at the merits stage of the litigation, they will introduce evidence purportedly showing that all members of the class suffered the same injury. The brief argues that the Sixth Circuit’s decision improperly postpones the requisite class certification inquiry until after the class is certified.

Joseph R. Palmore, Deanne E. Maynard, Marc A. Hearron, Rebekah Kaufman and Tiffany Cheung of Morrison & Foerster LLP served as co-counsel for the U.S. Chamber and Business Roundtable.

Case Documents