No. 18-987

McKesson Corporation, et al. v. True Health Chiropractic, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2019-01-29
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: affirmative-defenses burden-of-proof civil-procedure class-certification federal-rules-of-civil-procedure halliburton-v-erica-p-john-fund predominance rule-23
Key Terms:
SocialSecurity Privacy ClassAction
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (AI Summary)

Whether the burden at class certification shifts to the defendant when predominance turns on affirmative defenses

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has repeatedly said that a plaintiff seeking class certification under Federal Rule of Civil Procedure 23(b)(3) bears the burden of proving that common issues predominate over individualized ones. E.g., Halliburton Co. v. Erica P. John Fund, Inc., 573 US. 258, 275 (2014). The question presented is whether the burden at class certification shifts to the defendant when predominance turns on affirmative defenses.

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-06-03
Reply of petitioners McKesson Corporation, et al. filed. (Distributed)
2019-05-21
Brief of respondents True Health Chiropractic, Inc., et al. in opposition filed.
2019-03-21
Motion to extend the time to file a response is granted in part and the time is extended to and including May 21, 2019.
2019-03-18
Response to motion from petitioner McKesson Corporation, et al. filed.
2019-03-18
Motion to extend the time to file a response from April 12, 2019 to June 11, 2019, submitted to The Clerk.
2019-03-13
Response Requested. (Due April 12, 2019)
2019-03-06
Certificate of service filed with respect to brief of amici curiae of The Chamber of Commerce of the United States of America, et al.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Brief amicus curiae of DRI—The Voice of the Defense Bar filed.
2019-02-28
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2019-02-28
Waiver of right of respondents True Health Chiropractic, Inc., et al. to respond filed.
2019-01-25
Petition for a writ of certiorari filed. (Response due February 28, 2019)
2018-11-16
Application (18A525) to extend the time to file a petition for a writ of certiorari from November 28, 2018 to January 25, 2019, submitted to Justice Kagan.
2018-11-16
Application (18A525) granted by Justice Kagan extending the time to file until January 25, 2019.

Attorneys

Chamber of Commerce of the United States of America, and The Business Roundtable
Ashley C. ParrishKing & Spalding LLP, Amicus
Ashley C. ParrishKing & Spalding LLP, Amicus
DRI—The Voice of the Defense Bar
Scott Burnett SmithBradley Arant Boult Cummings, LLP, Amicus
Scott Burnett SmithBradley Arant Boult Cummings, LLP, Amicus
McKesson Corporation, et al.
Joseph Russell PalmoreMorrison & Foerster LLP, Petitioner
Joseph Russell PalmoreMorrison & Foerster LLP, Petitioner
True Health Chiropractic, Inc., et al.
Glenn L. HaraAnderson + Wanca, Respondent
Glenn L. HaraAnderson + Wanca, Respondent