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Bayer HealthCare LLC v. Doniece Drake, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-7158 · judgment April 21, 2026


13%
estimated cert probability
(petition-stage, structural)
95% interval 9%–20%
Rule 10: dissent below, circuit split argued

About 3.2× 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

Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when virtually all members of the proposed class lack evidence of an Article III injury.

Counsel of record

For petitioner
Jonathan F. Cohn
LEHOTSKY COHN LLP

For respondent
Nicolas Anthony Sansone
Public Citizen Litigation Group

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
—

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 15 2026
    Amicus brief of Washington Legal Foundation submitted.
  2. Oct 01 2026
    Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2026.
  3. Sep 30 2026
    Motion to extend the time to file a response from October 19, 2026 to November 18, 2026, submitted to The Clerk.
  4. Sep 15 2026
    Petition for a writ of certiorari filed. (Response due October 19, 2026)