U.S. Supreme Court

Case Status


Docket Number


Cert. Denied

Lower Court Opinion


Questions Presented

Whether the Due Process Clause of the Fourteenth Amendment prohibits a state court from certifying a class action, and entering a monetary judgment in favor of the class, where the court permits the use of extrapolation to relieve individual class members of their burden of proof and forecloses the defendants from presenting individualized defenses to class members’ claims.

Case Updates

Cert. petition denied

April 04, 2016

U.S. Chamber urges Supreme Court to review class certification in state-court wage-and-hour action

April 16, 2015

The U.S. Chamber, joined by the Business Roundtable, filed an amicus brief supporting a petition for a writ of certiorari filed by Wal-Mart Stores, Inc. The coalition brief argues that the Pennsylvania state courts denied the defendants due process by certifying this wage-and-hour litigation on behalf of a class of nearly 188,000 employees from nearly 140 Wal-Mart and Sam’s Club stores in Pennsylvania—and awarding them nearly $188 million in damages—based on only anecdotal evidence gathered from just six employees and a review of time-clock and cash-register records from just sixteen stores over a four-year period.

Allyson N. Ho, Joseph B.G. Fay, and Vanessa R. Brown of Morgan, Lewis & Bockius LLP served as co-counsel to the Business Roundtable and U.S. Chamber Litigation Center in this brief.

Case Documents