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Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55190 · judgment July 25, 2025


Certiorari denied · April 20, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether expert testimony must be admissible under Federal Rule of Evidence 702 and the framework enunciated in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), to justify certifying a class under Federal Rule of Civil Procedure 23.

Counsel of record

For petitioner
Hannah Y. S. Chanoine
O'Melveny and Myers LLP

For respondent
Adam Ross Pulver
Public Citizen Litigation Group

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
25A565

Proceedings

  1. Apr 20 2026
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Mar 25 2026
    DISTRIBUTED for Conference of 4/17/2026.
  3. Mar 24 2026
    Reply of petitioner Johnson & Johnson Consumer Inc. filed. (Distributed)
  4. Mar 11 2026
    Brief of respondent Narguess Noohi, Individually and on Behalf of All Others Similarly Situated in opposition filed.
  5. Feb 13 2026
    Brief amici curiae of Chamber of Commerce of The United States of America, et al. filed.
  6. Jan 27 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2026.
  7. Jan 23 2026
    Motion to extend the time to file a response from February 23, 2026 to March 25, 2026, submitted to The Clerk.
  8. Jan 16 2026
    Petition for a writ of certiorari filed. (Response due February 23, 2026)
  9. Nov 14 2025
    Application (25A565) granted by Justice Kagan extending the time to file until January 16, 2026.
  10. Nov 12 2025
    Application (25A565) to extend the time to file a petition for a writ of certiorari from December 2, 2025 to January 16, 2026, submitted to Justice Kagan.