Issue: (1) Whether due process requires notice to absentee class members of a settlement under Federal Rule of Civil Procedure 23(b)(2) in all cases or, at least, where the class’s rights are waived; (2) whether this case is an apt vehicle to decide a key issue left open in Wal-Mart Stores v. Dukes, and to resolve an inter-circuit conflict; (3) whether a class can be certified under Wal-Mart Stores v. Dukes where disability- necessitated reliance on a mobility device varies immensely among class members, and no single injunction can resolve a claim; and (4) whether, under Lujan v. Defenders of Wildlife, Arizona Christian School Tuition Org. v. Winn, and City of Los Angeles v. Lyons, the named plaintiffs, uninjured in California, have Article III standing to impose a national waiver or to insert California relief into their case in a settlement-only certification.
Proceedings and Orders
Nov 2 2012
Application (12A457) to extend the time to file a petition for a writ of certiorari from November 28, 2012 to January 27, 2013, submitted to Justice Thomas.
Nov 7 2012
Application (12A457) granted by Justice Thomas extending the time to file until January 27, 2013.
Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper […]
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Sigma Delta Chi
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National Press Club Award
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American Gavel Award
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