On Monday, December 9, we expect ... (click to view)
Editor's Note :
On Monday, December 9, we expect additional orders from the December 6 Conference at 9:30 a.m. On Tuesday, December 10, we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging at 9:45.
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.
At 9:30 a.m. on Monday, we expect additional orders from the Court's December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday at 10:00 a.m., we expect one or more opinions in argued cases. We will begin live blogging at 9:45. This is the second week of the December sitting; the hearing list for this sitting is here.
In this eight-part interview, Judge J. Harvie Wilkinson, III, of the U.S. Court of Appeals for the Fourth Circuit discusses his background, including: a race for Congress; clerking for Justice Lewis F. Powell, Jr., and the value of humility; the confirmation process and the life and work of a federal appeals court judge; understanding the Court, interviewing [...]
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