Order List

October 14, 2009 Supreme Court Update

Court fans,
I left out one important tidbit for the class action practitioners out there. Justice Kennedy, joined by the Chief and Justice Sotomayor, issued an opinion relating to the denial of cert in DTD Enterprises, Inc. v. Wells (08-1407), which raised the propriety of requiring a defendant in a class action lawsuit to bear the costs of providing notice to the prospective class based only on a judicial determination that defendant could afford that cost, while plaintiff could not. Kennedy, Roberts and Sotomayor agreed with the decision not to grant cert because of the unique procedural issues involved in that case, but wrote to express their view that a state court practice that allows notice costs to be imposed on a defendant based merely on ability to pay and not on the merits of the suit raises serious Due Process questions. They clearly would grant cert on this issue in a more appropriate case.
From the Appellate Practice Group at Wiggin and Dana
For more information, contact Kim Rinehart or any other member of the Practice Group at 203-498-4400