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Whirlpool Corp. v. Glazer

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

Docket No.12-322
Op. Below6th Cir.

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.

Proceedings & orders timeline

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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