Issue: (1) Whether the Third Circuit is correct in its view
that the “single event or occurrence exception” to
“mass actions” under the Class Action Fairness Act,
28 U.S.C. § 1332(d)(11)(B)(ii)(I), applies when the record
merely “demonstrates circumstances that share
some commonality and persist over a period of time”
such as forty years of alleged releases by different
owners, of different materials by different mechanisms
– or the Ninth Circuit is correct in its view that
it applies only in “cases involving a single event or
occurrence, such as an environmental accident;" and (2) whether the Third Circuit incorrectly assigned
the burden with regard to such an exception to the
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. 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.