Sears, Roebuck and Co. v. Butler
Petition granted, judgment vacated and case remanded for further consideration in light of Comcast Corp. v. Behrend on June 3, 2013
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.
| Date | Proceedings and Orders |
|---|---|
| 02/27/2013 | Petition for a writ of certiorari filed. (Response due April 1, 2013) |
| 03/14/2013 | Order extending time to file response to petition to and including May 1, 2013. |
| 03/21/2013 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 03/29/2013 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| 04/01/2013 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 04/01/2013 | Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed. |
| 04/30/2013 | Brief of respondents Larry Butler, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed. |
| 05/13/2013 | Reply of petitioner Sears, Roebuck and Company filed. |
| 05/14/2013 | DISTRIBUTED for Conference of May 30, 2013. |
| 06/03/2013 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. Behrend, 569 U. S. ___ (2013). |
| 07/05/2013 | JUDGMENT ISSUED. |