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Visa Inc., et al. v. National ATM Council, Inc., et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-7109, 21-7110, 21-7111 · judgment July 25, 2023


Certiorari denied · April 15, 2024
Pre-decision estimate: 12% cert probability (95% interval 8%–20%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Whether a district court validly certifies a class under Federal Rule of Civil Procedure 23(b)(3) where it deems the proposed method through which plaintiffs intend to prove classwide antitrust impact to be “colorable” and where it defers “material factual dispute[s]” on classwide impact to the merits. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Steve W. Berman
Hagens Berman Sobol Shapiro LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
23A533

Proceedings

  1. Apr 15 2024
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Mar 27 2024
    DISTRIBUTED for Conference of 4/12/2024.
  3. Mar 27 2024
    Reply of petitioners Visa Inc., et al. filed. (Distributed)
  4. Mar 13 2024
    Brief of respondents Andrew Mackmin, et al. in opposition filed.
  5. Feb 28 2024
    Brief amicus curiae of DRI Center for Law and Public Policy filed.
  6. Feb 22 2024
    Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2024, for all respondents.
  7. Feb 21 2024
    Motion to extend the time to file a response from February 28, 2024 to March 13, 2024, submitted to The Clerk.
  8. Jan 25 2024
    Petition for a writ of certiorari filed. (Response due February 28, 2024)
  9. Dec 12 2023
    Application (23A533) granted by The Chief Justice extending the time to file until January 25, 2024.
  10. Dec 08 2023
    Application (23A533) to extend the time to file a petition for a writ of certiorari from December 26, 2023 to January 25, 2024, submitted to The Chief Justice.