RBS Citizens, N.A. v. Ross

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-165 7th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether it is consistent with Wal-Mart Stores, Inc. v. Dukes to hold that a defendant to a Federal Rule of Civil Procedure 23(b)(3) class action has no right to raise statutory affirmative defenses on an individual basis if the classseeks “only” monetary relief; and (2) whether a district court can conclude that the Rule 23(a)(2) commonality requirement is satisfied when a class claims the denial of overtime pay, without resolving whether dissimilarities in the class would preclude it from establishing liability on a class-wide basis.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 20 2012Application (11A1222) to extend the time to file a petition for a writ of certiorari from July 2, 2012 to August 1, 2012, submitted to Justice Kagan.
Jun 21 2012Application (11A1222) granted by Justice Kagan extending the time to file until August 1, 2012.
Aug 1 2012Petition for a writ of certiorari filed. (Response due September 3, 2012)
Aug 7 2012Waiver of right of respondents Synthia G. Ross, et al. to respond filed.
Aug 15 2012DISTRIBUTED for Conference of September 24, 2012.
Aug 22 2012Response Requested . (Due September 21, 2012)
Sep 21 2012Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Sep 21 2012Brief of respondents Synthia G. Ross, et al. in opposition filed.
Oct 1 2012Reply of petitioners RBS Citizens, N.A., dba Charter One, et al. filed. (Distributed)
Oct 3 2012DISTRIBUTED for Conference of October 26, 2012.
Mar 27 2013DISTRIBUTED for Conference of March 29, 2013.
Apr 1 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. Behrend, 569 U.S. ___ (2013).
May 3 2013JUDGMENT ISSUED.
 
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