Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Cerdant, Inc. v. DHL Express (USA), Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-747 6th Cir. TBD TBD TBD TBD TBD

Issue: Is a class representative in a putative class action faced with a Rule 68 offer of judgment in excess of its potential recovery that makes no reference to class claims required to reject said offer, proceed to trial, and bear all of the costs of continuing litigation in order to preserve its right to appellate review of a denial of class certification?

DateProceedings and Orders
Dec 18 2012Petition for a writ of certiorari filed. (Response due January 18, 2013)
Jan 17 2013Brief of respondent DHL Express (USA), Inc. in opposition filed.
Jan 30 2013DISTRIBUTED for Conference of February 15, 2013.
Apr 17 2013DISTRIBUTED for Conference of April 19, 2013.
Apr 22 2013DISTRIBUTED for Conference of April 26, 2013.
Apr 29 2013DISTRIBUTED for Conference of May 9, 2013.
May 13 2013Petition DENIED.
Term Snapshot