No. 25-639

Banc of America Securities LLC, et al. v. City of Philadelphia, Pennsylvania, et al.

Lower Court: Second Circuit
Docketed: 2025-12-03
Status: Pending
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: civil-procedure class-action district-court expert-evidence predominance rule-23
Key Terms:
ClassAction JusticiabilityDoctri
Latest Conference: 2026-01-23
Question Presented (from Petition)

Whether, when putative class-action plaintiffs offer expert evidence to prove predominance under Federal Rule of Civil Procedure 23(b)(3) and the defendants present expert evidence disputing that the plaintiffs' evidence proves predominance, the district court must resolve that dispute, or instead may certify a class based only on a finding that a reasonable juror could credit the plaintiffs' evidence.

Question Presented (AI Summary)

Whether, when putative class-action plaintiffs offer expert evidence to prove predominance under Federal Rule of Civil Procedure 23(b)(3) and the defendants present expert evidence disputing that the plaintiffs' evidence proves predominance, the district court must resolve that dispute, or instead may certify a class based only on a finding that a reasonable juror could credit the plaintiffs' evidence

Docket Entries

2026-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2026.
2026-02-04
Motion of City of Philadelphia, et al. for an extension of time submitted.
2026-02-04
Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
2026-01-12
Response Requested. (Due February 11, 2026)
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2025-12-15
Waiver of City of Philadelphia, et al. of right to respond submitted.
2025-12-15
Waiver of right of respondents City of Philadelphia, et al. to respond filed.
2025-12-01
Petition for a writ of certiorari filed. (Response due January 2, 2026)
2025-10-15
Application (25A419) granted by Justice Kagan extending the time to file until November 29, 2025.
2025-10-08
Application (25A419) to extend the time to file a petition for a writ of certiorari from October 30, 2025 to November 29, 2025, submitted to Justice Kagan. (Justice Sotomayor is recused.)

Attorneys

Banc of America Securities LLC, et al.
Noah Adam LevineWilmer Cutler Pickering Hale & Dorr LLP, Petitioner
City of Philadelphia, et al.
William Balden AdamsQuinn Emanuel Urquhart & Sullivan, LLP, Respondent
Daniel L. BrockettQuinn Emanuel Urquhart & Sullivan, LLP, Respondent