Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.

Sears, Roebuck and Company v. Butler

Petition for certiorari denied on February 24, 2014

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
13-430 7th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) is satisfied by the purported “efficiency” of a class trial on one abstract issue, without considering the host of individual issues that would need to be tried to resolve liability and damages and without determining whether the aggregate of common issues predominates over the aggregate of individual issues; and (2) whether a product liability class may be certified where it is undisputed that most members did not experience the alleged defect or harm.

DateProceedings and Orders
Oct 7 2013Petition for a writ of certiorari filed. (Response due November 6, 2013)
Oct 14 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Oct 14 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Oct 15 2013Order extending time to file response to petition to and including December 6, 2013.
Nov 5 2013Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Nov 5 2013Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.
Nov 6 2013Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Nov 6 2013Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.
Nov 6 2013Brief amici curiae of Technology Association of America, and TechNet filed. VIDED.
Nov 6 2013Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED.
Nov 6 2013Brief amicus curiae of Association of Home Appliance Manufacturers filed. VIDED.
Nov 6 2013Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Dec 6 2013Brief of respondents Larry Butler, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed. VIDED.
Dec 23 2013Reply of petitioner Sears, Roebuck and Company filed. VIDED.
Dec 24 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014DISTRIBUTED for Conference of January 17, 2014.
Jan 21 2014DISTRIBUTED for Conference of January 24, 2014.
Feb 10 2014DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014Petition DENIED.
 
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