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.
On Monday the Court issued orders from the April 24 Conference, which Lyle reported on. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.