No. 18-1127

SpeedyPC Software v. Archie Beaton

Lower Court: Seventh Circuit
Docketed: 2019-02-28
Status: Denied
Type: Paid
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 AndrewsEdelson PC, Respondent
SpeedyPC Software
Robert Dale KolarTressler LLP, Petitioner