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Kevin McCabe v. Gerardo Aranda, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-1626 · judgment July 24, 2018

Certiorari denied · January 14, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a cy pres provision of a class-action settlement agreement may, in authorizing the class members to make recommendations for the selection, by the district court, of a cy pres recipient, do so without requiring that the class members be given either guidance or a list of potential recipients in order to help ensure that the selected recipient has interests that are aligned with the interests of the class members.

  2. Whether a cy pres provision of a class-action settlement agreement may decline to state when the district court would select the cy pres recipient.

  3. Whether a cy pres provision of a class-action settlement agreement may decline to state whether, or how, the class members would be able to object to the district court’s selection of the cy pres recipient.

Counsel of record

For petitioner
Todd Charles Bank
Todd C. Bank; Todd C. Bank, Attorney at Law, P.C.

For respondent
Ryan David Andrews
Edelson PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Nov 27 2018
    Brief of respondents Gerardo Aranda, et al. in opposition filed.
  4. Nov 27 2018
    Waiver of right of respondent The Berkley Group, Inc. to respond filed.
  5. Nov 26 2018
    Waiver of right of respondents Caribbean Cruise Line, Inc. and Vacation Ownership Marketing Tours, Inc. to respond filed.
  6. Nov 05 2018
    Petition for a writ of certiorari filed. (Response due December 17, 2018)