Supreme Court of the United States · Official docket →
Anderson Living Trust, fka The James H. Anderson Living Trust, et al. v. WPX Energy Production, LLC, fka WPX Energy San Juan, LLC, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-2029 · judgment September 21, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The final judgment entered by the district court was the result of a settlement before trial which settlement and judgment reserved the Petitioners’ right to appeal an earlier decision denying class certification under Fed. R. Civ. P. 23(b)(3). The Tenth Circuit held it lacked jurisdiction due to this Court’s recent decision in Microsoft v. Baker, 137 S.Ct. 1702, 198 L.Ed.2d 132 (2017). THE QUESTION PRESENTED IS Does Microsoft v. Baker, 137 S.Ct. 1702, 198 L.Ed. 2d 132 (2017) mandate that only plaintiffs who litigate their individual claims to a final judgment may appeal an earlier denial of class certification?
Counsel of record
For petitioner
Bradley Dean Brickell
Brickell & Associates
For respondent
Stephen Masciocchi
Holland and Hart LLP
Proceedings
- Apr 01 2019Petition DENIED.
- Mar 13 2019DISTRIBUTED for Conference of 3/29/2019.
- Mar 05 2019Waiver of right of respondent WPX Energy Production, LLC, et al. to respond filed.
- Jan 22 2019Petition for a writ of certiorari filed. (Response due March 25, 2019)
- Dec 11 2018Application (18A594) granted by Justice Sotomayor extending the time to file until January 22, 2019.
- Dec 03 2018Application (18A594) to extend the time to file a petition for a writ of certiorari from December 20, 2018 to January 21, 2019, submitted to Justice Sotomayor.