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Sears, Roebuck and Co. v. Butler

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Petition granted, judgment vacated and case remanded for further consideration in light of Comcast Corp. v. Behrend on June 3, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1067 7th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether Federal Rule of Civil Procedure 23(b)(3)'s predominance requirement for class action certification can be satisfied based solely on a determination that it would be “efficient” to decide a single common question at trial, without considering any of the individual issues that would also need to be tried, and without determining whether the aggregate of common issues predominates over the aggregate of individual issues; and (2) whether a class may be certified on breach of warranty claims where it is undisputed that most members did not experience the alleged product defect and where fact of injury would have to be litigated on a member-by-member basis.

DateProceedings and Orders (key to color coding)
Feb 27 2013Petition for a writ of certiorari filed. (Response due April 1, 2013)
Mar 14 2013Order extending time to file response to petition to and including May 1, 2013.
Mar 21 2013Brief amicus curiae of Pacific Legal Foundation filed.
Mar 29 2013Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Apr 1 2013Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Apr 1 2013Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed.
Apr 30 2013Brief of respondents Larry Butler, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed.
May 13 2013Reply of petitioner Sears, Roebuck and Company filed.
May 14 2013DISTRIBUTED for Conference of May 30, 2013.
Jun 3 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. Behrend, 569 U. S. ___ (2013).
Jul 5 2013JUDGMENT ISSUED.