U.S. Supreme Court
Lower Court Opinion
1. Whether Rule 23 allows class certification where the damages models offered by the class representative would harm a substantial number of class members and leave many class members unable to prove damages as an element of their claims, thus creating an intraclass conflict.
2. Whether a district court faced with an inherent intraclass conflict may cure that conflict by defining out of the class—and thus excluding from the judgment—members with no net damages who cannot succeed on the merits of their claims, thereby creating a “fail-safe class” that leaves the defendant exposed to future litigation by excluded class members.
Cert. petition denied
April 19, 2021
U.S. Chamber files amicus brief urging Supreme Court to grant cert and decertify insurance class action because of intraclass conflict of interest
February 26, 2021
Click here to view the Chamber’s amicus brief. Adam G. Unikowsky of Jenner & Block LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The U.S. Chamber filed an amicus brief when this case was before the Eighth Circuit.