Petitions of the week

Petitions of the weekThis week we highlight petitions pending before the Supreme Court that address whether plaintiffs may obtain certification of issue classes for a cause of action under Rule 23(c)(4) without having demonstrated that common issues predominate under Rule 23(b)(3), the creation of a particular inferred private right of action via Section 14(e) of the Securities Exchange […]

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Petitions of the week

This week we highlight petitions pending before the Supreme Court that address whether plaintiffs may obtain certification of issue classes for a cause of action under Rule 23(c)(4) without having demonstrated that common issues predominate under Rule 23(b)(3), the creation of a particular inferred private right of action via Section 14(e) of the Securities Exchange Act of 1934, and the constitutionality of the subsection-specific definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B).

The petitions of the week are:

18-459

Issue: Whether the U.S. Court of Appeals for the 9th Circuit correctly held, in express disagreement with five other courts of appeals, that Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.

18-472

Issue: Whether plaintiffs, having failed to demonstrate that common issues predominate over individual issues as to their cause of action under Federal Rule of Civil Procedure 23(b)(3), may nevertheless obtain certification of issue classes for that cause of action under Rule 23(c)(4).

18-428

Issue: Whether the subsection-specific definition of ”crime of violence” in 18 U.S.C. § 924(c)(3)(B), which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime, is unconstitutionally vague.

18-431

Issue: Whether the subsection-specific definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B), which applies only in the limited context of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts comprising such a crime, is unconstitutionally vague.

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