Supreme Court of the United States · Official docket →
The Kroger Co., dba Fred Meyer, Inc. v. Elisha Solano, Individually and on Behalf of Other Customers, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 25-536 · judgment May 19, 2026
(petition-stage, structural)
About 4× the 4.1% base rate. The model weights this up for a circuit split argued in the petition, a petition citing more than ten dissents, and a Ninth Circuit decision below.
Question presented
The question presented in this case is the same as the one this Court granted certiorari to resolve in Lab’y Corp. of Am. Holdings v. Davis, 145 S. Ct. 1133 (2025): Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.
Counsel of record
For petitioner
James Reid Sigel
Davis Wright Tremaine LLP
For respondent
Michael Robert Fuller
Underdog Law Office
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Proceedings
- Oct 05 2026Brief amicus curiae of The Retail Litigation Center, Inc. filed.
- Oct 05 2026Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Sep 16 2026Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2026.
- Sep 15 2026Motion to extend the time to file a response from October 5, 2026 to November 4, 2026, submitted to The Clerk.
- Sep 03 2026Response Requested. (Due October 5, 2026)
- Sep 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 31 2026Waiver of right of respondent Elisha Solano, Individually and on Behalf of Other Customers, et al. to respond filed.
- Aug 17 2026Petition for a writ of certiorari filed. (Response due September 24, 2026)