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McKesson Corporation, et al. v. True Health Chiropractic, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-17123 · judgment July 17, 2018

Certiorari denied · June 24, 2019
Pre-decision estimate: 5% cert probability (95% interval 4%–7%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.

Question presented

This Court has repeatedly said that a plaintiff seeking class certification under Federal Rule of Civil Procedure 23(b)(3) bears the burden of proving that common issues predominate over individualized ones. E.g., Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. 258, 275 (2014). The question presented is whether the burden at class certification shifts to the defendant when predominance turns on affirmative defenses.

Counsel of record

For petitioner
Joseph Russell Palmore
Morrison & Foerster LLP

For respondent
Glenn L. Hara
Anderson + Wanca

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
18A525

Proceedings

  1. Mar 07 2024
    Application for Extension of Time of True Health Chiropractic, Inc., et al. not accepted for filing. (March 08, 2024)
  2. Jun 24 2019
    Petition DENIED.
  3. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  4. Jun 03 2019
    Reply of petitioners McKesson Corporation, et al. filed. (Distributed)
  5. May 21 2019
    Brief of respondents True Health Chiropractic, Inc., et al. in opposition filed.
  6. Mar 21 2019
    Motion to extend the time to file a response is granted in part and the time is extended to and including May 21, 2019.
  7. Mar 18 2019
    Motion to extend the time to file a response from April 12, 2019 to June 11, 2019, submitted to The Clerk.
  8. Mar 18 2019
    Response to motion from petitioner McKesson Corporation, et al. filed.
  9. Mar 13 2019
    Response Requested. (Due April 12, 2019)
  10. Mar 06 2019
    DISTRIBUTED for Conference of 3/22/2019.
  11. Mar 06 2019
    Certificate of service filed with respect to brief of amici curiae of The Chamber of Commerce of the United States of America, et al.
  12. Feb 28 2019
    Amicus brief of DRI—The Voice of the Defense Bar not accepted for filing. (February 28, 2019) (Corrected electronic version submitted)
  13. Feb 28 2019
    Waiver of right of respondents True Health Chiropractic, Inc., et al. to respond filed.
  14. Feb 28 2019
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  15. Feb 28 2019
    Brief amicus curiae of DRI—The Voice of the Defense Bar filed.
  16. Jan 25 2019
    Petition for a writ of certiorari filed. (Response due February 28, 2019)
  17. Nov 16 2018
    Application (18A525) to extend the time to file a petition for a writ of certiorari from November 28, 2018 to January 25, 2019, submitted to Justice Kagan.
    Main Document
  18. Nov 16 2018
    Application (18A525) granted by Justice Kagan extending the time to file until January 25, 2019.