Supreme Court of the United States · Official docket →
Union Pacific Railroad Company, a Delaware Corporation v. Nicholas DeFries
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35119
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below and a circuit split argued in the petition.
Question presented
In American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974), this Court held that “the commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action.” This case involves a certified class action where the class was narrowed and then decertified. The Ninth Circuit held, consistent with the Fifth and Eighth Circuits, but in conflict with the Fourth and Tenth Circuits, that in this situation American Pipe tolling should be extended beyond “members of the class” to include persons who were not “members of the class” so long as they were not “unambiguously excluded” from the class. App. 25a. The question presented is: Is American Pipe tolling limited to actual members of the putative or certified class, or does it extend to non-class members so long as they were not “unambiguously excluded” from the class?
Counsel of record
For petitioner
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher LLP
For respondent
Matthew W.H. Wessler
Gupta Wessler LLP
Proceedings
- Mar 24 2025Petition DENIED.
- Feb 26 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 26 2025Reply of petitioner Union Pacific Railroad Company filed. (Distributed)
- Feb 12 2025Brief of respondents Nicholas DeFries, et al. in opposition filed.
- Jan 28 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 12, 2025.
- Jan 27 2025Motion to extend the time to file a response from February 7, 2025 to February 12, 2025, submitted to The Clerk.
- Dec 18 2024Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025.
- Dec 17 2024Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
- Dec 02 2024Petition for a writ of certiorari filed. (Response due January 8, 2025)
- Oct 10 2024Application (24A340) granted by Justice Kagan extending the time to file until December 5, 2024.
- Oct 07 2024Application (24A340) to extend the time to file a petition for a writ of certiorari from October 21, 2024 to December 5, 2024, submitted to Justice Kagan.