Supreme Court of the United States · Official docket →
Banc of America Securities LLC, et al. v. City of Philadelphia, Pennsylvania, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-297 · judgment August 1, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether, when putative class-action plaintiffs offer expert evidence to prove predominance under Federal Rule of Civil Procedure 23(b)(3) and the defendants present expert evidence disputing that the plaintiffs’ evidence proves predominance, the district court must resolve that dispute, or instead may certify a class based only on a finding that a reasonable juror could credit the plaintiffs’ evidence. (i)
Counsel of record
For petitioner
Noah Adam Levine
Wilmer Cutler Pickering Hale & Dorr LLP
For respondent
Daniel L. Brockett
Quinn Emanuel Urquhart & Sullivan, LLP
Proceedings
- Apr 20 2026Petition DENIED.
- Apr 01 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 31 2026Reply of petitioners Banc of America Securities LLC, et al. filed. (Distributed)
- Mar 13 2026Brief of respondents City of Philadelphia, Pennsylvania, et al. in opposition filed.
- Feb 05 2026Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2026.
- Feb 04 2026Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
- Jan 12 2026Response Requested. (Due February 11, 2026)
- Jan 07 2026DISTRIBUTED for Conference of 1/23/2026.
- Dec 15 2025Waiver of right of respondents City of Philadelphia, et al. to respond filed.
- Dec 01 2025Petition for a writ of certiorari filed. (Response due January 2, 2026)
- Oct 15 2025Application (25A419) granted by Justice Kagan extending the time to file until November 29, 2025.
- Oct 08 2025Application (25A419) to extend the time to file a petition for a writ of certiorari from October 30, 2025 to November 29, 2025, submitted to Justice Kagan. (Justice Sotomayor is recused.)