No. 18-1127
SpeedyPC Software v. Archie Beaton
Response Waived
Tags: affidavit-sampling affidavits class-certification consumer-fraud credibility due-process implied-warranty individual-issues sampling
Latest Conference:
2019-03-29
Question Presented (from Petition)
1. Is it proper for a court to certify a class by suggesting that individual issues can be resolved by the submission of affidavits from each individual class member?
2. Does the lower court's suggestion Defendant can challenge the class members' credibility by obtaining the testimony of a representative sample of the class members, and present evidence contradicting statements found in particular affidavits comport with due process?
Question Presented (AI Summary)
Proper certification of nationwide class for implied warranty and consumer fraud claims despite individual issues
Docket Entries
2019-04-01
Petition DENIED.
2019-03-13
DISTRIBUTED for Conference of 3/29/2019.
2019-03-04
Waiver of right of respondent Archie Beaton to respond filed.
2019-02-26
Petition for a writ of certiorari filed. (Response due April 1, 2019)
Attorneys
Archie Beaton
Ryan David Andrews — Edelson PC, Respondent
SpeedyPC Software
Robert Dale Kolar — Tressler LLP, Petitioner