Skip to content

Lowery v. Joffe

Petition for certiorari denied on October 3, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-1535 9th Cir. N/A N/A N/A N/A OT 2022

Issue: (1) Whether, or in what circumstances, a cy pres award that provides no direct relief or benefit to class members comports with the Federal Rule of Civil Procedure 23(e) requirement that a settlement binding class members must be "fair, reasonable, and adequate"; and (2) whether Rule 23(b)(3) permits certification of a class where the district court has found that class members cannot be ascertained or even self-identify without an individualized "difficult and expensive" inquiry.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/16/2022Application (21A519) to extend the time to file a petition for a writ of certiorari from May 4, 2022 to June 3, 2022, submitted to Justice Kagan.
03/18/2022Application (21A519) granted by Justice Kagan extending the time to file until June 3, 2022.
06/03/2022Petition for a writ of certiorari filed. (Response due July 7, 2022)
06/10/2022Motion to extend the time to file a response from July 7, 2022 to August 22, 2022, submitted to The Clerk.
06/13/2022Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022, for all respondents.
07/07/2022Brief amici curiae of Attorneys General of Arizona, et al. filed.
08/22/2022Brief of respondents Benjamin Joffe, et al. in opposition filed.
08/22/2022Brief of respondent Google LLC in opposition filed.
09/06/2022Reply of petitioner David Lowery filed. (Distributed)
09/07/2022DISTRIBUTED for Conference of 9/28/2022.
10/03/2022Petition DENIED.