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Speedway LLC, et al. v. Zachary Wilson, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 15-3221 · judgment September 21, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

  1. Whether the Rules Enabling Act limits an Article III court’s authority to approve and enforce a class settlement under Fed. R. Civ. P. 23(e) if its terms would “abridge, enlarge, or modify any substantive right,” as held by the Fifth and Seventh Circuits, or whether class settlements are instead private agreements outside the scope of the Rules Enabling Act, as held by the Third, Sixth, and Eighth Circuits, and the Tenth Circuit below?

  2. Whether Article III, Rules Enabling Act and/or Fed. R. Civ. P. 23(e) permit a federal court to approve a class settlement where the settlement creates a third party (cy pres) fund to be distributed exclusively to state government regulators, not to any class members, and even then only if the regulators change the law prospectively?

  3. Whether the state action holding in Shelley v. Kraemer, 334 U.S. 1 (1948), is limited to the racial discrimination context, or instead applies generally to court action, including judicial approval and enforcement of class settlements violating the First Amendment?

  4. Whether anti-competitive injury and/or speech injury constitute injury-in-fact to confer standing on objectors to class settlements when the terms seek to change the regulations governing the objectors’ business?

Counsel of record

For petitioner
Tristan L. Duncan
Shook, Hardy & Bacon

For respondent
Sherry Perkins Bartley
Mitchell, Williams, et al.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence GRANTED. Justice Alito and Justice Gorsuch took no part in the consideration or decision of this motion.
  2. Mar 19 2018
    Motion for leave to file amicus brief filed by National Conference on Weights and Measures GRANTED. Justice Alito and Justice Gorsuch took no part in the consideration or decision of this motion.
  3. Mar 19 2018
    Petition DENIED. Justice Alito and Justice Gorsuch took no part in the consideration or decision of this petition.
  4. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  5. Feb 23 2018
    Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence.
  6. Feb 23 2018
    Motion for leave to file amicus brief filed by National Conference on Weights and Measures.
  7. Feb 21 2018
    Waiver of right of respondent World Oil Corporation to respond filed.
  8. Feb 16 2018
    Waiver of right of respondents Zachary Wilson, et al. to respond filed.
  9. Feb 15 2018
    Waiver of right of respondent BP Products North America Inc. (incorrectly listed in petition as BP Corporation North America, Inc. to respond filed.
  10. Feb 14 2018
    Blanket Consent filed by Respondent, WR Hess Company
  11. Feb 13 2018
    Waiver of right of respondent Chevron U.S.A., Inc. to respond filed.
  12. Feb 12 2018
    Waiver of right of respondents Sunoco Inc., R & M to respond filed.
  13. Feb 09 2018
    Waiver of right of respondent Sinclair Oil Corporation to respond filed.
  14. Feb 09 2018
    Blanket Consent filed by Petitioners, Speedway LLC, et al..
  15. Feb 09 2018
    Blanket Consent filed by Respondents, Zachary Wilson, et al..
  16. Feb 08 2018
    Waiver of right of respondent CITGO Petroleum Corporation to respond filed.
  17. Feb 08 2018
    Waiver of right of respondent WR Hess Company to respond filed.
  18. Feb 02 2018
    Waiver of right of respondents B-B Oil company, Inc., Coulson Oil Company, Inc., Diamond State Oil, LLC, Flash Market, Inc., J&P Flash, Inc., Magness Oil Company, Port Cities Oil, LLC, E-Z Mart Stores, Inc. to respond filed.
  19. Jan 31 2018
    Waiver of right of respondents Equilon Enterprises LLC d/b/a Shell Oil Products US; Motiva Enterprises LLC to respond filed.
  20. Jan 02 2018
    Petition for a writ of certiorari filed. (Response due February 23, 2018)