Whirlpool Corp. v. Glazer

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Whirlpool Corp. v. Glazer

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

June 2019

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Conference of June 13, 2019

Petition granted, judgment vacated and case remanded for further consideration in light of Comcast Corp. v. Behrend on April 1, 2013

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-322	6th Cir.	N/A	N/A	N/A	N/A	OT 2012

Issue: (1) Whether a class may be certified under Federal Rule of Civil Procedure 23(b)(3) even though most class members have not been harmed and could not sue on their own behalf; (2) whether a class may be certified without resolving factual disputes that bear directly on the requirements of Rule 23; and (3) whether a class may be certified without determining whether factual dissimilarities among putative class members give rise to individualized issues that predominate over any common issues.

Date	Proceedings and Orders (key to color coding)
Sep 14 2012	Petition for a writ of certiorari filed. (Response due October 17, 2012)
Sep 20 2012	Waiver of right of respondent Gina Glazer and Trina Allison, Individually and on Behalf of All Others Similarly Situated to respond filed.
Sep 24 2012	Letter of September 21, 2012, from counsel for Product Liability Advisory Council received. (Distributed)
Sep 25 2012	Letter of September 21, 2012, from counsel for Pacific Legal Foundation received. (Distributed)
Sep 26 2012	DISTRIBUTED for Conference of October 12, 2012.
Sep 26 2012	Letter of September 25, 2012, from counsel for U.S. Chamber of Commerce, et al. received. (Distributed)
Sep 28 2012	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
Sep 28 2012	Brief amicus curiae of Product Liability Advisory Council filed. (Distributed).
Oct 2 2012	Brief amicus curiae of Pacific Legal Foundation filed. (Distributed).
Oct 9 2012	Response Requested . (Due November 8, 2012)
Oct 17 2012	Order extending time to file response to petition to and including November 30, 2012.
Nov 30 2012	Brief of respondents Gina Glazer and Trina Allison, Individually and on Behalf of All Others Similarly Situated in opposition filed.
Dec 11 2012	Reply of petitioner Whirlpool Corporation filed.
Dec 12 2012	DISTRIBUTED for Conference of January 4, 2013.
Dec 19 2012	Letter of December 19, 2012, from counsel for respondents received. (Distributed)
Dec 21 2012	Letter of December 21, 2012, from counsel for petitioner received. (Distributed)
Mar 27 2013	DISTRIBUTED for Conference of March 29, 2013.
Mar 28 2013	Supplemental brief of petitioner Whirlpool Corporation filed. (Distributed)
Mar 28 2013	Supplemental brief of respondents Gina Glazer and Trina Allison, Individually and on Behalf of All Others Similarly Situated filed. (Distributed)
Apr 1 2013	Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. Behrend, 569 U.S. ___ (2013).
May 3 2013	JUDGMENT ISSUED.

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This Week at the Court
On Monday, the Supreme Court released orders from the June 6 conference on Monday; the justices added five new cases to their merits docket for next term: Atlantic Richfield Co. v. Christian, McKinney v. Arizona, Intel Corp. Investment Policy Committee v. Sulyma, Monasky v. Taglieri and Comcast Corp. v. National Association of African American-Owned Media.
Also on Monday, the justices released their opinions in three argued cases: Quarles v. U.S., Return Mail v. U.S. Postal Service and Parker Drilling Management Services v. Newton.
On Thursday, the justices met for their June 13 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
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Statistical Snapshot

Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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6
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10
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