Supreme Court of the United States · Official docket →
Nissan North America, Inc. v. Sherida Johnson, on Behalf of Herself and All Others Similarly Situated, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16644 · judgment November 14, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This case presents two important and recurring questions at the intersection of Article III standing and class action law. In its decision below, the Ninth Circuit exacerbated circuit splits on both questions. This petition offers an ideal vehicle for resolving them. The questions presented are:
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Whether a federal court may certify a Rule 23(b)(3) class when almost no one in the class has suffered—or will suffer—an Article III injury.
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Whether a federal court may circumvent Article III and Rule 23(b)(3) by characterizing a remote risk of harm as an “overpayment.”
Counsel of record
For petitioner
Christopher Robert Wray
Shook, Hardy & Bacon L.L.P.
For respondent
Matthew W.H. Wessler
Gupta Wessler LLP
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 09 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 01 2025Waiver of right of respondent Sherida Johnson, et al. to respond filed.
- Jun 13 2025Petition for a writ of certiorari filed. (Response due July 17, 2025)
- Apr 08 2025Application (24A950) granted by Justice Kagan extending the time to file until June 13, 2025.
- Apr 03 2025Application (24A950) to extend the time to file a petition for a writ of certiorari from April 14, 2025 to June 13, 2025, submitted to Justice Kagan.