Supreme Court of the United States · Official docket →
StarKist Co., et al. v. Olean Wholesale Grocery Cooperative, Inc., On Behalf of Itself and All Others Similarly Situated, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-56514 · judgment April 8, 2022
Before the decision, about 5.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Questions presented
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Whether, and in what circumstances, the presence of uninjured class members precludes the certification of a class under Federal Rule of Civil Procedure 23(b)(3).
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Whether, and in what circumstances, a plaintiff may rely on representative evidence such as averaging assumptions to establish classwide proof of injury to satisfy Rule 23’s requirements.
Counsel of record
For petitioner
Gregory George Garre
Latham & Watkins LLP
For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Proceedings
- Nov 14 2022Petition DENIED.
- Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 25 2022Reply of petitioners StarKist Co., et al. filed. (Distributed)
- Oct 11 2022Brief of respondents Olean Wholesale Grocery Cooperative, Inc., et al. in opposition filed.
- Sep 09 2022Amicus brief of Chamber of Commerce of the United States of America, et al. is not accepted for filing.(Corrected version to be submitted) (September 09, 2022)
- Sep 09 2022Brief amicus curiae of Computer & Communications Industry Association filed.
- Sep 09 2022Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Sep 08 2022Brief amicus curiae of Washington Legal Foundation filed.
- Sep 06 2022Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022.
- Sep 03 2022Motion to extend the time to file a response from September 9, 2022 to October 11, 2022, submitted to The Clerk.
- Aug 08 2022Petition for a writ of certiorari filed. (Response due September 9, 2022)
- Jun 27 2022Application (21A860) granted by Justice Kagan extending the time to file until August 8, 2022.
- Jun 23 2022Application (21A860) to extend the time to file a petition for a writ of certiorari from July 7, 2022 to August 8, 2022, submitted to Justice Kagan.