(U.S. Supreme Court, filed in April of 2015): Arguing that the Court should grant cert in order to clarify the law and only allow class actions when all class members suffered a common injury and damages and they can be determined accurately and fairly. It was improper of the lower court to allow “common evidence” of classwide liability and damages when it was an extrapolation of a non-representative sample of the class. Arguing that the Court must reject a “trial by formula” and must consider a defendant’s right to litigate its statutory defenses to individual claims.
