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Lowery v. Joffe

Petition for certiorari denied on October 3, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-1535 9th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether, or in what circumstances, a cy pres award that provides no direct relief or benefit to class members comports with the Federal Rule of Civil Procedure 23(e) requirement that a settlement binding class members must be “fair, reasonable, and adequate"; and (2) whether Rule 23(b)(3) permits certification of a class where the district court has found that class members cannot be ascertained or even self-identify without an individualized “difficult and expensive” inquiry.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 16 2022Application (21A519) to extend the time to file a petition for a writ of certiorari from May 4, 2022 to June 3, 2022, submitted to Justice Kagan.
Mar 18 2022Application (21A519) granted by Justice Kagan extending the time to file until June 3, 2022.
Jun 03 2022Petition for a writ of certiorari filed. (Response due July 7, 2022)
Jun 10 2022Motion to extend the time to file a response from July 7, 2022 to August 22, 2022, submitted to The Clerk.
Jun 13 2022Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022, for all respondents.
Jul 07 2022Brief amici curiae of Attorneys General of Arizona, et al. filed.
Aug 22 2022Brief of respondents Benjamin Joffe, et al. in opposition filed.
Aug 22 2022Brief of respondent Google LLC in opposition filed.
Sep 06 2022Reply of petitioner David Lowery filed. (Distributed)
Sep 07 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022Petition DENIED.