Supreme Court of the United States · Official docket →
City of Cleveland, Ohio v. Albert Pickett, Jr., Individually and on Behalf of All Others Similarly Situated, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3395 · judgment June 9, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), this Court held that all members of a class action must have Article III standing to obtain damages, id. at 431, and the mere existence of a statutory “cause of action” does not establish Article III standing unless each class member has suffered a “concrete” harm with a “close historical or common-law analogue,” id. at 424. TransUnion reserved the “question whether every class member must demonstrate standing before a court certifies a class.” Id. at 431 n.4. The Court granted review in Laboratory Corporation of America Holdings v. Davis, 605 U.S. 327 (2025), to resolve a circuit conflict on that question but ultimately dismissed that case as improvidently granted. In this case, the Sixth Circuit affirmed certification of a damages class asserting disparate-impact claims under the Fair Housing Act, 42 U.S.C. § 3601 et seq., that undisputedly contains a substantial number of members who suffered no economic injury. The Sixth Circuit held that class certification was appropriate on the theory that the mere intangible disproportionate impact of a race-neutral policy—even without any tangible harm—is an Article III injury “comparable to traditional harms found in the Constitution.” App., infra, 20a. The question presented is as follows: Whether a federal court may certify a damages class that contains members who lack any injury other than an intangible harm based on the asserted disparate impact of a race-neutral policy.
Counsel of record
For petitioner
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher, LLP
For respondent
Alexandra Sloane Thompson
NAACP Legal Defense and Educational Fund, Inc.
Proceedings
- May 29 2026Joint motion to defer consideration of the petition for a writ of certiorari filed by petitioner City of Cleveland, Ohio.
- May 26 2026DISTRIBUTED for Conference of 5/28/2026.
- May 20 2026Rescheduled.
- May 18 2026DISTRIBUTED for Conference of 5/21/2026.
- May 13 2026Rescheduled.
- Apr 28 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 28 2026Reply of petitioner City of Cleveland, Ohio filed. (Distributed)
- Apr 13 2026Brief of respondents Albert Pickett, et al. in opposition filed.
- Jan 16 2026Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2026.
- Jan 14 2026Motion to extend the time to file a response from February 11, 2026 to April 13, 2026, submitted to The Clerk.
- Jan 12 2026Response Requested. (Due February 11, 2026)
- Jan 09 2026Brief amici curiae of Ohio Municipal League, et al. filed. (Distributed)
- Jan 08 2026Brief amicus curiae of American Water Works Association filed. (Distributed)
- Jan 07 2026DISTRIBUTED for Conference of 1/23/2026.
- Jan 06 2026Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
- Jan 05 2026Waiver of right of respondent Albert Pickett, et al. to respond filed.
- Dec 08 2025Petition for a writ of certiorari filed. (Response due January 9, 2026)
- Sep 30 2025Application (25A365) granted by Justice Kavanaugh extending the time to file until December 8, 2025.
- Sep 25 2025Application (25A365) to extend the time to file a petition for a writ of certiorari from October 9, 2025 to December 8, 2025, submitted to Justice Kavanaugh.