Sears, Roebuck and Company v. Butler
Petition for certiorari denied on February 24, 2014Linked with:
Issue: (1) Whether the predominance requirement of
Federal Rule of Civil Procedure 23(b)(3) is satisfied by the purported “efficiency”
of a class trial on one abstract issue, without considering
the host of individual issues that would need to
be tried to resolve liability and damages and without
determining whether the aggregate of common issues
predominates over the aggregate of individual
issues; and (2) whether a product liability class may be certified
where it is undisputed that most members did
not experience the alleged defect or harm.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 7 2013 | Petition for a writ of certiorari filed. (Response due November 6, 2013) |
| Oct 14 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Oct 14 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Oct 15 2013 | Order extending time to file response to petition to and including December 6, 2013. |
| Nov 5 2013 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. |
| Nov 5 2013 | Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED. |
| Nov 6 2013 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| Nov 6 2013 | Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED. |
| Nov 6 2013 | Brief amici curiae of Technology Association of America, and TechNet filed. VIDED. |
| Nov 6 2013 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Nov 6 2013 | Brief amicus curiae of Association of Home Appliance Manufacturers filed. VIDED. |
| Nov 6 2013 | Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED. |
| Dec 6 2013 | Brief of respondents Larry Butler, et al., Individually and on Behalf of All Others Similarly Situated in opposition filed. VIDED. |
| Dec 23 2013 | Reply of petitioner Sears, Roebuck and Company filed. VIDED. |
| Dec 24 2013 | DISTRIBUTED for Conference of January 10, 2014. |
| Jan 13 2014 | DISTRIBUTED for Conference of January 17, 2014. |
| Jan 21 2014 | DISTRIBUTED for Conference of January 24, 2014. |
| Feb 10 2014 | DISTRIBUTED for Conference of February 21, 2014. |
| Feb 24 2014 | Petition DENIED. |
