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Shiyang Huang v. Valeska Schultz, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-2158 · judgment January 31, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Question presented

Petitioner is an objecting class member in a mandatory Rule 23(b)(1) class-action settlement with prospective relief. Though Class Counsel argued that Petitioner lacked Article III standing to receive prospective relief or to challenge such prospective settlement terms, the class-action was certified to settle Petitioner’s individualized monetary claims, providing no right to opt-out. The questions presented are: I. Whether unnamed class members under Federal Rule of Civil Procedure 23 must have Article III standing for class certification (as four circuits have held), or must have Article III standing only before a court grants any relief (as two circuits have held), or need not demonstrate Article III standing for any form of relief sought (as four circuits have held). II. Whether in personam claims for monetary relief can be certified for settlement purposes under Federal Rule of Civil Procedure 23(b)(1) to bind absent class members to a class action judgment, without providing a right to opt out under Due Process Clause and Rules Enabling Act. 0)

Counsel of record

For petitioner
Shiyang Huang

For respondent
James Forrest Bennett
Dowd Bennett LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 22 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 08 2020
    Supplemental brief of petitioner Shiyang Huang filed.
  4. Jul 08 2020
    Second supplemental brief of petitioner Shiyang Huang filed.
  5. Jul 01 2020
    Waiver of right of respondent Valeska Schultz, Melanie Waugh and Rosalind Staley to respond filed.
  6. Jun 23 2020
    Waiver of right of respondent Brett Bayston; et al. to respond filed.
  7. May 11 2020
    Petition for a writ of certiorari filed. (Response due July 13, 2020)