No. 19-1386

D. C., a Minor, By and Through His Guardian ad Litem, Helen Garter v. San Diego County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-06-17
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure class-certification collateral-estoppel damages damages-analysis issue-certification negative-value predominance predominance-test rule-23 superiority
Key Terms:
DueProcess Privacy ClassAction
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does rule 23(c)(4) require common questions to predominate over individual ones within the specific issues certified rather than the entire cause of action?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does rule 23(c)(4) of the Federal Rules of Civil Procedure (“Rule 23(c)(4)”) require only that common questions predominate over individual ones within the specific issues that are certified (i.e., liability) rather than in the entire cause of action (i.e., liability and damages)? 2. When determining whether certification of a liability issue class is superior to individualized determinations of liability, is it an abuse of discretion for the court to consider individualized damages issues? 3. Does collateral estoppel apply to a governmental entity such as the County of San Diego? 4. Is it an abuse of discretion for the court, when conducting its superiority analysis, to disregard factors such as whether the case has “negative value” and whether, therefore, absent certification class members will be unable to feasibly bring individual suits? i

Docket Entries

2020-10-05
Petition DENIED.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-18
Waiver of right of respondent County of San Diego, et al. to respond filed.
2020-06-12
Petition for a writ of certiorari filed. (Response due July 17, 2020)

Attorneys

County of San Diego, et al.
Thomas Dale BuntonOffice of County Counsel, Respondent
Thomas Dale BuntonOffice of County Counsel, Respondent
D.C., a minor by and through his Guardian Ad Litem, Helen Garter
Rachele Renee ByrdWolf Haldenstein Adler Freeman & Herz LLP, Petitioner
Rachele Renee ByrdWolf Haldenstein Adler Freeman & Herz LLP, Petitioner