No. 22-1181

Evenflo Company, Inc. v. Mike Xavier, et al.

Lower Court: First Circuit
Docketed: 2023-06-07
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: article-iii-standing civil-procedure civil-rights class-action concrete-harm consumer-protection due-process economic-injury judicial-inference pleading-standard standing
Key Terms:
JusticiabilityDoctri ClassAction
Latest Conference: 2023-09-26
Question Presented (from Petition)

Whether a plaintiff alleging economic injury must plead facts to support his theory of harm, as several circuits require, or whether a court may supplement conclusory allegations of economic harm (i.e., but for alleged misrepresentations about a product's safety, consumers would not have bought a product, would have paid less for it, or would have bought a cheaper alternative) by supplanting the lack of facts with its own "common sense" and "experience," as the First Circuit here held?

Question Presented (AI Summary)

Whether a plaintiff alleging economic injury must plead facts to support his theory of harm, as several circuits require, or whether a court may supplement conclusory allegations of economic harm with its own 'common sense' and 'experience'

Docket Entries

2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-12
Waiver of right of respondent Mike Xavier, et al. to respond filed.
2023-06-05
Petition for a writ of certiorari filed. (Response due July 7, 2023)
2023-03-14
Application (22A810) granted by Justice Jackson extending the time to file until June 5, 2023.
2023-03-09
Application (22A810) to extend the time to file a petition for a writ of certiorari from April 4, 2023 to June 3, 2023, submitted to Justice Jackson.

Attorneys

Evenflo Company, Inc.
Tristan L. DuncanShook, Hardy & Bacon, Petitioner
Mike Xavier, et al.
Steve W. BermanHagens Berman Sobol Shapiro LLP, Respondent