(U.S. Supreme Court, filed in April of 2015): Arguing that the Court must clarify the Rules Enabling Act and Rule 23 of the Federal Rules of Civil Procedure in order to ensure that they are applied consistently with longstanding Due Process principles. Arguing that the court erred in its use of “inferences,” or presumptions, of class-wide injury to justify certification of a class in an antitrust suit involving allegations of price-fixing. It was improper for the court to allow the use of sample evidence and statistical models to establish damages on a class-wide basis, even though the samples themselves demonstrated zero or negative damages for some transactions.
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 […]