FOOT LOCKER V. OSBERG

Issue: Employment
Court: U.S. Supreme Court

Term: October 2017
Oral Argument:
Vote:​
Opinion:
Lower Court: U.S. Court of Appeals for the Second Circuit

Question(s) Presented:

1. Whether it violates Federal Rule of Civil Procedure 23(b)(3), the Rules Enabling Act, and due process to certify a class and uphold a classwide judgment where the claims or defenses raise individualized questions about each class member’s knowledge of the defendant’s alleged statutory violation.
    
2. Whether detrimental reliance is an element of a claim for breach of fiduciary duty under Section 404(a) of ERISA. 

RLC's Position:
The Retail Litigation Center joined the U.S. Chamber of Commerce and the American Benefits Council in filing an amici brief in support of certiorari. The joint brief asks the Court to accept the case and make clear that a plaintiff who cannot show that she suffered harm from a technical violation of a statute cannot sue in federal court.  

Case Outcome:
The Court denied the petition. 

Procedural History and Case Documents: 

• Petition for Certiorari Filed, November 2017
• Respondent's Brief in Opposition Filed, January 2018
• Petitioner's Reply Filed, January 2018
• Petition Denied, February 2018

Please use the DOWNLOAD button below to access the RLC's Brief.