Behr Dayton Thermal Products LLC v. Martin


(U.S., November 12, 2018): Supporting a petition for cert, arguing that the Sixth Circuit’s interpretation of Rule 23(c)(4) violated its text and structure and raises serious Seventh Amendment concerns.  Argues that the decision removes the most important limits on class proceedings and would allow district courts to certify “issue classes” essentially at will.

Court denied cert

On March 19, 2019, the U.S. Supreme Court denied the petition for cert. 

Latest News

View all news

More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]