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International Paper Company v. Kleen Products LLC

Petition for certiorari denied on April 17, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-841 7th Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether an antitrust class may be certified under Federal Rule of Civil Procedure 23(b)(3) based on a presumption that an increase in an index price demonstrates class-wide antitrust injury, even though most sales in the industry are individually negotiated and executed at prices below the index price; and (2) whether the fact that individualized inquiries are needed to determine the amount of damages due each class member is, as the U.S. Court of Appeals for the 7th Circuit held here, legally irrelevant to the predominance inquiry under FRCP 23(b)(3).

SCOTUSblog Coverage

DateProceedings and Orders
Oct 11 2016Application (16A356) to extend the time to file a petition for a writ of certiorari from November 2, 2016 to December 2, 2016, submitted to Justice Kagan.
Oct 13 2016Application (16A356) granted by Justice Kagan extending the time to file until December 2, 2016.
Nov 10 2016Application (16A356) to extend further the time from December 2, 2016 to January 1, 2017, submitted to Justice Kagan.
Nov 14 2016Application (16A356) granted by Justice Kagan extending the time to file until January 1, 2017.
Dec 30 2016Petition for a writ of certiorari filed. (Response due February 3, 2017)
Jan 31 2017Order extending time to file response to petition to and including March 6, 2017, for all respondents.
Feb 3 2017Brief of respondent RockTenn CP, LLC in support filed.
Feb 3 2017Brief amici curiae of Business Roundtable, et al. filed.
Feb 3 2017Brief of respondent Georgia-Pacific, LLC in support filed.
Mar 6 2017Brief of Purchaser respondents in opposition filed.
Mar 21 2017Reply of petitioners International Paper Company, et al. filed.
Mar 22 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 17 2017Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
Term Snapshot