No. 22-1019

CoreCivic, Inc. v. Sylvester Owino, et al., Individually and on Behalf of All Others Similarly Situated

Lower Court: Ninth Circuit
Docketed: 2023-04-20
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: appellate-review civil-procedure class-certification commonality ninth-circuit rule-23 standard-of-review uniformity
Latest Conference: 2023-06-08
Question Presented (from Petition)

1. Whether courts of appeals reviewing Rule 23 class certification decisions must, as a matter of law, give district court decisions granting class certification "noticeably more deference" than rulings denying class certification.

2. Whether Rule 23(a)'s commonality requirement is satisfied through the assertion of a purportedly class-wide policy without significant proof that such policy is uniformly applied class-wide.

Question Presented (AI Summary)

Whether courts of appeals reviewing Rule 23 class certification decisions must give district court decisions granting class certification more deference than rulings denying class certification

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-18
Brief amici curiae of Chamber of Commerce of the United States of America and National Federation of Independent Business Small Business Legal Center, Inc. filed.
2023-05-17
Waiver of right of respondent Sylvester Owino, et al. to respond filed.
2023-04-18
Petition for a writ of certiorari filed. (Response due May 22, 2023)
2023-02-24
Application (22A767) granted by Justice Kagan extending the time to file until April 19, 2023.
2023-02-21
Application (22A767) to extend the time to file a petition for a writ of certiorari from March 20, 2023 to April 19, 2023, submitted to Justice Kagan.

Attorneys

Chamber of Commerce of the United States of America and National Federation of Independent Business Small Business Legal Center, Inc.
Matthew Allen FitzgeraldMcGuireWoods LLP, Amicus
CoreCivic, Inc.
Roman Martinez VLatham & Watkins, LLP, Petitioner
Sylvester Owino, et al.
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent