Federal Judiciary

Petition of the day

By Conor McEvily

Today?s first petition of the day is:

Title: Pella Corporation v. Saltzman
Docket: 10-355
Issue(s): (1) Whether a court may certify an ?issue? class under Federal Rule of Civil Procedure 23(b)(3) to adjudicate discrete issues that will not establish liability for any claim; (2) whether a court may certify an ?issue? class under Rule 23(b)(2) to adjudicate discrete issues that will not result in final declaratory relief; and (3) whether a court may certify a nationwide class under Rule 23(b)(2) to pursue state-law claims without analyzing the underlying state laws to determine that they are consistent.

Certiorari-Stage Documents:

• Opinion below (7th Circuit)
• Petition for certiorari

Today’s second petition of the day is:

Title: Lawnwood Medical Center, Inc. v. Sadow
Docket: 10-371
Issue(s): (1) Whether punitive damages for intentional harm are exempt from the Court's guidepost analysis to determine whether an award of punitive damages is unconstitutionally excessive; (2) whether state law can exempt punitive awards for certain conduct from the guidepost analysis mandated by the Constitution; and (3) whether a court may rely on the defendant's wealth - rather than awards in similar cases or comparable legislative penalties - as an objective indicator of the constitutionality of a punitive award when actual damages are small or nominal.

Certiorari-Stage Documents:

• Opinion below (District Court of Appeal of Florida, Fourth District)
• Petition for certiorari

Full post as published by SCOTUSBLOG on October 06, 2010 (boomark / email).