No. 18-398

FCA US LLC, et al. v. Brian Flynn, et al.

Lower Court: Seventh Circuit
Docketed: 2018-09-28
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: article-iii-standing civil-procedure civil-procedure-23(f) class-action class-certification interlocutory-review manifest-error predominance standing superiority
Key Terms:
Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether Federal Rule of Civil Procedure 23(f) allows a court of appeals to grant interlocutory review of a class-certification decision based solely on manifest error

Question Presented (OCR Extract)

QUESTIONS PRESENTED Plaintiffs brought a purported class action claiming that they bought or leased FCAmanufactured vehicles that were “excessively vulnerable” to being hacked. Even though no class member’s vehicle had ever actually been hacked, the district court held that plaintiffs had Article III standing and certified three statewide classes containing more than 220,000 consumers claiming $440 million in damages. In a series of three rulings, the Seventh Circuit allowed this class action to proceed. The questions presented are: 1. Whether Federal Rule of Civil Procedure 23(f) allows a court of appeals to grant interlocutory review of a class-certification decision based solely on manifest error. 2. Whether the class-certification decision is manifestly erroneous because plaintiffs lack Article III standing; because the district court failed to conduct a rigorous predominance analysis; and because class treatment is not the superior method of adjudication where there is no common question uniting the three statewide classes.

Docket Entries

2019-01-07
Motion for leave to file amici brief filed by CTIA–THE WIRELESS ASSOCIATION, et al. GRANTED.
2019-01-07
Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.
2019-01-07
Petition DENIED.
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Reply of petitioners FCA US LLC and Harman International Industries, Incorporated filed.
2018-11-28
Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondents.
2018-11-28
Brief of respondents in opposition filed.
2018-10-29
Brief amici curiae of National Association of Manufacturers and American Tort Reform Association filed.
2018-10-29
Motion for leave to file amici brief filed by CTIA–THE WIRELESS ASSOCIATION, et al.
2018-10-26
Brief amicus curiae of The Alliance of Automobile Manufacturers, Inc. filed.
2018-10-23
Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2018.
2018-10-19
Motion to extend the time to file a response from October 29, 2018 to November 28, 2018, submitted to The Clerk.
2018-09-26
Petition for a writ of certiorari filed. (Response due October 29, 2018)

Attorneys

Brian Flynn, et al.
Jeffery Thomas McPhersonArmstrong Teasdale LLP, Respondent
CTIA–THE WIRELESS ASSOCIATION, CAUSE OF ACTION INSTITUTE, AND ASSOCIATION FOR UNMANNED VEHICLE SYSTEMS INTERNATIONAL
Megan L. BrownWiley Rein LLP, Amicus
FCA US LLC and Harman International Industries, Incorporated
Thomas Henderson Dupree Jr.Gibson, Dunn & Crutcher, LLP, Petitioner
National Association of Manufacturers and American Tort Reform Association
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus
The Alliance of Automobile Manufacturers, Inc.
Erika Ziebarth JonesMayer Brown LLP, Amicus