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Gospel For Asia, Inc., et al. v. Garland D. Murphy, III, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-8012 · judgment October 16, 2018

Dismissed · August 14, 2019

Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, an Eighth Circuit decision below, and a business petitioner.

Questions presented

Whether a RICO class may be certified under Federal Rule of Civil Procedure 23(b)(3) based on a presumption that all class members were injured by the allegedly fraudulent activity, even though defendants presented unrebutted evidence that the presumption is plainly not true in many individual instances.
Whether all circuit courts of appeals should apply the same standards in deciding whether to grant petitions for interlocutory review of class certification orders under Federal Rule of Civil Procedure 23(f). (i)

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
Samuel Issacharoff

Case

Conference history
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Proceedings

Aug 14 2019
Petition Dismissed - Rule 46.
Aug 07 2019
Joint Stipulation of Dismissal of Petition for a Writ of Certiorari pursuant to Rule 46 filed.
Mar 27 2019
Motion to extend the time to file a response is granted and the time is further extended to and including August 12, 2019.
Mar 26 2019
Motion to extend the time to file a response from March 27, 2019 to August 12, 2019, submitted to The Clerk.
Feb 04 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
Jan 31 2019
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
Jan 25 2019
Petition for a writ of certiorari filed. (Response due February 25, 2019)