Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
11-864 | 3d Cir. | Nov 5, 2012 | Mar 27, 2013 | 5-4 | Scalia | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Holding: The class action brought by respondents, subscribers to the cable television services provided by petitioner, was improperly certified under Federal Rule of Civil Procedure 23(b)(3), which requires a court to find that the βquestions of law or fact common to class members predominate over any questions affecting only individual members,β because the Third Circuit erred in refusing to decide whether the classβs proposed damages model could show damages on a classwide basis. Under proper standards, the model was inadequate, and the class should not have been certified.
Judgment: Reversed, 5-4, in an opinion by Justice Scalia on March 27, 2013.
Date | Proceedings and Orders |
---|---|
Nov 30 2011 | Application (11A534) to extend the time to file a petition for a writ of certiorari from December 19, 2011 to January 18, 2012, submitted to Justice Alito. |
Dec 2 2011 | Application (11A534) granted by Justice Alito extending the time to file until January 18, 2012. |
Jan 11 2012 | Petition for a writ of certiorari filed. (Response due February 13, 2012) |
Feb 13 2012 | Waiver of right of respondents Caroline Behrend, et al. to respond filed. |
Feb 29 2012 | DISTRIBUTED for Conference of March 16, 2012. |
Mar 8 2012 | Response Requested . (Due April 9, 2012) |
Apr 9 2012 | Brief of respondents Caroline Behrend, et al. in opposition filed. |
Apr 24 2012 | DISTRIBUTED for Conference of May 10, 2012. |
Apr 24 2012 | Reply of petitioners Comcast Corporation, et al. filed. (Distributed) |
May 14 2012 | DISTRIBUTED for Conference of May 17, 2012. |
May 21 2012 | DISTRIBUTED for Conference of May 24, 2012. |
May 29 2012 | DISTRIBUTED for Conference of May 31, 2012. |
Jun 4 2012 | DISTRIBUTED for Conference of June 7, 2012. |
Jun 11 2012 | DISTRIBUTED for Conference of June 14, 2012. |
Jun 18 2012 | DISTRIBUTED for Conference of June 21, 2012. |
Jun 25 2012 | Petition GRANTED limited to the following Question: "Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.". |
Jul 20 2012 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 17, 2012. |
Jul 23 2012 | SET FOR ARGUMENT ON Monday, November 5, 2012 |
Aug 6 2012 | Letter from counsel for the respondents received. (Distributed) |
Aug 7 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
Aug 9 2012 | Record received from U.S.C.A. for 3rd Circuit. (1 box). There are sealed documents in this record. |
Aug 14 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
Aug 17 2012 | Joint appendix filed (5 Volumes, 2 with motion to seal). (Statement of costs filed) |
Aug 17 2012 | Brief of petitioner Comcast Corporation, et al. filed. |
Aug 17 2012 | Motion to file Volumes Four and Five of the joint appendix under seal filed by petitioners Comcast Corporation, et al. |
Aug 22 2012 | Motion DISTRIBUTED for Conference of September 24, 2012. |
Aug 22 2012 | The time to file respondent's brief on the merits is extended to and including September 25, 2012. |
Aug 24 2012 | Brief amicus curiae of Intel Corporation filed. |
Aug 24 2012 | Brief amicus curiae of Equal Employment Advisory Council filed. |
Aug 24 2012 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
Aug 24 2012 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
Aug 24 2012 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
Aug 24 2012 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
Aug 24 2012 | Brief amicus curiae of Cato Institute filed. |
Aug 24 2012 | Brief amici curiae of Economists in support of neither party filed. |
Sep 4 2012 | Record received from U.S.D.C. for Eastern District of Pennsylvania. (3 boxes) |
Sep 19 2012 | CIRCULATED |
Sep 25 2012 | Brief of respondents Caroline Behrend, et al. filed. (Distributed) |
Sep 26 2012 | Letter of respondents Caroline Behrend, et al. filed. (Distributed) |
Oct 1 2012 | Motion for leave to file Volumes 4 and 5 of the joint appendix under seal GRANTED. |
Oct 2 2012 | Brief amici curiae of American Antitrust Institute, et al. filed. (Distributed) |
Oct 2 2012 | Brief amici curiae of American Association for Justice, Public Justice, P.C., and AARP filed. (Distributed) |
Oct 24 2012 | Reply of petitioners Comcast Corporation, et al. filed. (Distributed) |
Oct 29 2012 | Motion for leave to file a supplemental volume of the joint appendix under seal filed by petitioners Comcast Corporation, et al. (Distributed) |
Oct 29 2012 | Motion DISTRIBUTED for Conference of November 2, 2012. |
Nov 2 2012 | Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED. |
Nov 5 2012 | Argued. For petitioners: Miguel A. Estrada, Washington, D. C. For respondents: Barry Barnett, Dallas, Tex. |
Mar 27 2013 | Judgment REVERSED. Scalia, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Thomas, and Alito, JJ., joined. Ginsburg and Breyer, JJ., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. |
Apr 29 2013 | JUDGMENT ISSUED. |
Jun 3 2013 | Record returned to U.S.D.C. for Eastern District of Pennsylvania. |
Jun 4 2013 | Record returned to U.S.C.A. for Third Circuit. |
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
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NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. Weβre still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
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We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _π©ββοΈπ©ββοΈπ©ββοΈπ¨ββοΈπ¨ββοΈπ¨ββοΈπ¨ββοΈπ¨ββοΈπ¨ββοΈ_ Register here β‘οΈ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
Senator Markey (D-Ma) is delivering remarks right now in front of the Supreme Court introducing the Judiciary Act of 2021 to expand the court to 13 justices. Heβs flanked by Chairman of House Judiciary, Jerry Nadler (D-NY), and Hank Johnson (D-Ga).
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here:
Cast your vote below!
The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness - SCOTUSblog
Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After...
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