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 -- we would not expect orders granting certiorari today.
Whirlpool Corp. v. Glazer
Petition for certiorari denied on February 24, 2014
Issue: (1) Whether the of Federal Rule of Civil Procedure 23(b)(3) predominance
requirement can be satisfied when the court has not
found that the aggregate of common liability issues
predominates over the aggregate of individualized
issues at trial and when neither injury nor damages
can be proven on a classwide basis; and (2) whether a class may be certified when most
members have never experienced the alleged defect
and both fact of injury and damages would have to be
litigated on a member-by-member basis.