Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Montana Supreme Court
Questions Presented
1. Whether the Due Process Clause precludes state courts from certifying a class action for injunctive and declaratory relief that the class representative cannot seek in an individual capacity.
2. Whether the Due Process Clause precludes state courts from certifying a no-opt-out class action to provide the predicate for later individual awards of compensatory and punitive damages.
3. Whether the Due Process Clause precludes state courts from certifying class claims on the premise that individual defenses will be removed from consideration.
Case Updates
Cert. petition denied
May 05, 2014
U.S. Chamber asks Supreme Court to review a Montana Supreme Court decision certifying a “punitive only” class action
March 03, 2014
In its coalition brief, the U.S. Chamber asked the U.S. Supreme Court to review the Montana Supreme Court’s ruling which certified a “punitive damage-only class”. The brief argues that the decision fundamentally misapplies proper procedural safeguards, that the Montana court’s corner-cutting ruling violates due process rights that both the Supreme Court and Congress have affirmed, and encourages opportunistic abuse of class action procedure. With so much at stake in complex civil litigation, the Chamber argued that it is imperative that the Court stand behind its rulings and ensure that everyone plays by the same rules.
The Chamber filed the brief jointly with the American Tort Reform Association, the National Association of Mutual Insurance Companies and the Property Casualty Insurers of America.
Elizabeth Papez, Steffen N. Johnson and Andrew C. Nichols of Winston & Strawn represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.