Supreme Court of the United States · Official docket →
Andrew Harrington, et al. v. Cracker Barrel Old Country Store, Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15650, 24-1979 · judgment July 1, 2025
Certiorari denied · February 23, 2026
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a federal district court that has taken personal jurisdiction over a nonresident defendant in a Fair Labor Standards Act collective action must exclude from the collective action all opt-in plaintiffs whose claims arose outside the forum state.
Counsel of record
For petitioner
Nicolas Anthony Sansone
Public Citizen Litigation Group
For respondent
Steven B. Katz
Constangy, Brooks, Smith & Prophete LLP
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 21 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 16 2026Reply of petitioners Andrew Harrington, et al. filed. (Distributed)
- Jan 02 2026Brief of Cracker Barrel Old Country Store, Inc. in opposition not accepted for filing. (To be Corrected - January 06, 2026)
- Jan 02 2026Brief of respondent Cracker Barrel Old Country Store, Inc. in opposition filed. (Corrected)
- Nov 25 2025Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2026.
- Nov 24 2025Motion to extend the time to file a response from December 3, 2025 to January 2, 2026, submitted to The Clerk.
- Oct 30 2025Petition for a writ of certiorari filed. (Response due December 3, 2025)