The petition of the day is:


Issue: (1) Whether the Third Circuit is correct in its view that the “single event or occurrence exception” to “mass actions” under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(11)(B)(ii)(I), applies when the record merely “demonstrates circumstances that share some commonality and persist over a period of time” such as forty years of alleged releases by different owners, of different materials by different mechanisms – or the Ninth Circuit is correct in its view that it applies only in “cases involving a single event or occurrence, such as an environmental accident;” and (2) whether the Third Circuit incorrectly assigned the burden with regard to such an exception to the petitioner.

Posted in St. Croix Renaissance Group, L.L.L.P. v. Abraham, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Dec. 5, 2013, 10:39 PM),