No. 18-472
Behr Dayton Thermal Products LLC, et al. v. Terry Martin, et al.
Tags: appellate-conflict civil-procedure class-certification courts-of-appeals federal-civil-procedure federal-rules-of-civil-procedure issue-certification issue-classes predominance predominance-requirement rule-23 rule-23(b)(3) rule-23(c)(4)
Key Terms:
ClassAction
ClassAction
Latest Conference:
2019-03-15
(distributed 2 times)
Question Presented (AI Summary)
Whether plaintiffs can obtain certification of issue classes under Rule 23(c)(4) despite failing to demonstrate predominance under Rule 23(b)(3)
Question Presented (OCR Extract)
QUESTION PRESENTED Whether plaintiffs, having failed to demonstrate that common issues predominate over individual issues as to their cause of action under Federal Rule of Civil Procedure 23(b)(3), may nevertheless obtain certification of issue classes for that cause of action under Rule 23(c)(4). (1)
Docket Entries
2019-03-18
Petition DENIED.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-20
Reply of petitioners Behr Dayton Thermal Products LLC, et al. filed. (Distributed)
2019-02-01
Brief of respondents Terry Martin, et al. in opposition filed.
2018-12-13
Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2019.
2018-12-11
Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
2018-11-29
Response Requested. (Due January 2, 2019)
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-13
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
2018-11-13
Waiver of right of respondents Terry Martin, et al. to respond filed.
2018-11-01
Blanket Consent filed by Petitioners, Behr Dayton Thermal Products LLC, et al..
2018-10-12
Petition for a writ of certiorari filed. (Response due November 13, 2018)
Attorneys
Behr Dayton Thermal Products LLC, et al.
Terry Martin, et al.
Ned Miltenberg — Law Offices of Ned Miltenberg, Respondent
The Chamber of Commerce of the United States of America, American Tort Reform Association, and National Association of Manufacturers
Andrew John Pincus — Mayer Brown LLP, Amicus