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Behr Dayton Thermal Products LLC, et al. v. Terry Martin, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3663 · judgment July 16, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 30% cert probability (95% interval 21%–40%)

Before the decision, about 7.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether plaintiffs, having failed to demonstrate that common issues predominate over individual issues as to their cause of action under Federal Rule of Civil Procedure 23(b)(3), may nevertheless obtain certification of issue classes for that cause of action under Rule 23(c)(4). (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Ned Miltenberg
Law Offices of Ned Miltenberg

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 20 2019
    Reply of petitioners Behr Dayton Thermal Products LLC, et al. filed. (Distributed)
  4. Feb 01 2019
    Brief of respondents Terry Martin, et al. in opposition filed.
  5. Dec 13 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2019.
  6. Dec 11 2018
    Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
  7. Nov 29 2018
    Response Requested. (Due January 2, 2019)
  8. Nov 20 2018
    DISTRIBUTED for Conference of 12/7/2018.
  9. Nov 13 2018
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
  10. Nov 13 2018
    Waiver of right of respondents Terry Martin, et al. to respond filed.
  11. Nov 01 2018
    Blanket Consent filed by Petitioners, Behr Dayton Thermal Products LLC, et al..
  12. Oct 12 2018
    Petition for a writ of certiorari filed. (Response due November 13, 2018)