Supreme Court of the United States · Official docket →
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
(petition-stage, structural)
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
- Oct 15 2026Amicus brief of Washington Legal Foundation submitted.
- Oct 01 2026Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2026.
- Sep 30 2026Motion to extend the time to file a response from October 19, 2026 to November 18, 2026, submitted to The Clerk.
- Sep 15 2026Petition for a writ of certiorari filed. (Response due October 19, 2026)