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U.S. Supreme Court

Case Status

Pending

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Questions Presented

1. Whether the Ninth Circuit’s “common course of conduct” test improperly dilutes Rule 23(b)(3)’s predominance requirement by ignoring differences among class members as to key elements of the claim.

2. Whether the Ninth Circuit’s asymmetric standard of review violates Rule 23 by giving district court rulings granting class certification “noticeably more deference” than rulings denying class certification.

Case Updates

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and reverse Ninth Circuit rules that water down class certification requirements for common-law fraud claims

November 05, 2024

U.S. Chamber Coalition Amicus Brief

Erik R. Zimmerman, Jordan T. DeJaco, and Matthew S. Queen of Robinson, Bradshaw & Hinson, P.A. served as outside counsel.

The Chamber previously filed two amicus briefs when this case was before the Ninth Circuit.

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