Issue: (1) Whether due process requires notice to absentee class members of a settlement under Federal Rule of Civil Procedure 23(b)(2) in all cases or, at least, where the class’s rights are waived; (2) whether this case is an apt vehicle to decide a key issue left open in Wal-Mart Stores v. Dukes, and to resolve an inter-circuit conflict; (3) whether a class can be certified under Wal-Mart Stores v. Dukes where disability- necessitated reliance on a mobility device varies immensely among class members, and no single injunction can resolve a claim; and (4) whether, under Lujan v. Defenders of Wildlife, Arizona Christian School Tuition Org. v. Winn, and City of Los Angeles v. Lyons, the named plaintiffs, uninjured in California, have Article III standing to impose a national waiver or to insert California relief into their case in a settlement-only certification.
Proceedings and Orders
Nov 2 2012
Application (12A457) to extend the time to file a petition for a writ of certiorari from November 28, 2012 to January 27, 2013, submitted to Justice Thomas.
Nov 7 2012
Application (12A457) granted by Justice Thomas extending the time to file until January 27, 2013.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.