Supreme Court of the United States · Official docket →
Apache Corporation v. Bigie Lee Rhea
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-602 · judgment July 16, 2019
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and a petition filed soon after the judgment below.
Question presented
Three circuits have held that Rule 23(b)(3) requires proponents of class certification to show an administratively feasible method for identifying class members. Four held it does not. Among other things, the administrativefeasibility requirement ensures that i) putative class members can be identified without individualized minitrials that defeat the efficiencies of class actions, ii) persons without a claim are not included in the class, iii) class members can receive appropriate notice of their rights, and iv) defendants can enforce class judgments and settlement releases. In the case below, respondent did not propose an administratively feasible method to ascertain class membership. The undisputed record evidence established that no such method was possible. Yet the district court certified the class anyway because it assumed that the class would “likely” turn out to be ascertainable and petitioner could always move to decertify or redefine the class later if the class proceedings proved unworkable. Contrary to the ruling below, do Rule 23 and due process require district courts to undertake a rigorous analysis to determine whether the plaintiff has established that class membership is ascertainable through an administratively feasible method before certifying a class?
Counsel of record
For petitioner
Michael L. Beatty
Beatty & Wozniak, P.C.
For respondent
Bradley E. Beckworth
Nix Patterson, LLP
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 13, 2020 · Certiorari denied
Proceedings
- Jan 13 2020Petition DENIED.
- Dec 04 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 03 2019Reply of petitioner Apache Corporation filed.
- Nov 18 2019Brief of respondent Bigie Lee Rhea in opposition filed.
- Oct 15 2019Petition for a writ of certiorari filed. (Response due November 18, 2019)