SEARS V. BUTLER (II)

Issue: Class Certification Standards
Court:  U.S. Supreme Court

Term: October 2013
Lower Court: U.S. Court of Appeals for the Seventh Circuit

Questions Presented:

I. Whether a class may be certified under Rule 23 when the majority of the class members have suffered no injury without running afoul of Article III's standing requirement.

II. Whether a class in which the class members have not suffered the same injury meets the commonality requirement of Rule 23(a)(2).

III. Whether a court's judgment that class proceedings would be efficient is sufficient to satisfy the predominance requirement of Rule 23(b)(3), without considering the individualized questions predominate over any common questions of law or fact.

RLC's Position:
The RLC filed an amicus brief asking the U.S. Supreme Court to grant certiorari in Butler II and/or Glazer II and overturn the lower courts’ decisions, which ignore clear recent Supreme Court precedent regarding class certification standards. If left unchanged, the lax standards set by the Seventh and Sixth Circuits will allow uninjured parties to join class actions and will create unpredictable standards for retailers.

Case Outcome: 
The Court denied the petition.

Procedural History and Case Documents:

• Certiorari petition filed October 2013
• Petition denied February 2014

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