The petition of the day is:

13-431

Issue: (1) Whether the Rule 23(b)(3) predominance requirement can be satisfied when the court has not found that the aggregate of common liability issues predominates over the aggregate of individualized issues at trial and when neither injury nor damages can be proven on a classwide basis; and (2) whether a class may be certified when most members have never experienced the alleged defect and both fact of injury and damages would have to be litigated on a member-by-member basis.

Posted in Whirlpool Corp. v. Glazer, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Dec. 20, 2013, 10:02 PM), http://www.scotusblog.com/2013/12/petition-of-the-day-536/