Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
10-355
Term
Cert. Denied
Lower Court Opinion
Questions Presented
1. Whether a court may certify an "issue" class under Rule 23(b)(3) to adjudicate discrete issues that will not establish liability for any claim.
2. Whether a court may certify an "issue" class under Rule 23(b)(2) to adjudicate discrete issues that will not result in final declaratory relief.
3. Whether a court may certify a nationwide class under Rule 23(b)(2) to pursue state-law claims without analyzing the underlying state laws to determine that they are consistent.
Case Updates
Cert. petition denied
January 18, 2011
U.S. Chamber urges Supreme Court to review certification of issue classes under rule 23(b)(3)
October 15, 2010
NCLC urged the Supreme Court to resolve the circuit split concerning the certification of “issue classes” under rule 23(b)(3). In this case, the Seventh Circuit certified class claims against Pella Corporation because the claims raised the common question of whether the windows suffered an inherent design defect. In its brief, NCLC argued that the Seventh Circuit's decision paves the way for class certification of any product defect case. NCLC warned that certifying issue classes impairs companies' rights to present a defense and compromises the due process rights of absent class members.