In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Sears, Roebuck and Company v. Butler
Petition for certiorari denied on February 24, 2014
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.