Behr Dayton Thermal Products LLC v. Martin

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(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. 

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