On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit.

• Author: Sungaila, Mary-Christine
• Position: IADC Amicus Brief Program

IN THE Supreme Court of the United States

THE PROCTER & GAMBLE COMPANY, Petitioner,

v.

DINO RIKOS, et al.,

Respondents.

BRIEF FOR AMICUS CURIAE INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL IN SUPPORT OF PETITIONER

Mary-Christine Sungaila Counsel of Record Martin M. Ellison Haynes and Boone, LLP 600 Anton Boulevard, Suite 700 Costa Mesa, CA 92626 (949) 202-3000 mc.sungaila@haynesboone.com

Counsel for Amicus Curiae

TABLE OF CONTENTS INTEREST OF THE AMICUS CURIAE SUMMARY OF THE ARGUMENT ARGUMENT I. The Sixth Circuit's Analysis Undermines This Court's Repeated Requirement That Plaintiffs Prove the Appropriateness of Class Certification II. The Impact of the Sixth Circuit's Decision Will Be Significant, Immediate, and Far-Reaching CONCLUSION TABLE OF AUTHORITIES Cases Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (1997) Arroyo v. Pfizer, Inc., No. C-12-4030 EMC, 2013 U.S. Dist. LEXIS 13789 (N.D. Cal. Jan. 31, 2013) Califano v. Yamasaki, 442 U.S. 682 (1979) Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978) East Tex. Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395 (1977) In re Parlamat Sec. Litig., 497 F. Supp. 2d 526 (S.D.N.Y. 2007) Parko v. Shell Oil Co., 739 F.3d 1083 (7th Cir. 2014) Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) Rules Fed. R. Civ. P. Rule 11 Rule 23 OTHER AUTHORITIES Ilana T. Buschkin, The Viability of Class Action Lawsuits in a Globalized Economy--Permitting Foreign Claimants to be Members of Class Action Lawsuits in the U.S. Federal Courts, 90 Cornell L. Rev. 1563 (2007) R. Mulheron, The Class Action in Common Law Systems 5 (Hart Publishing: Oxford 2005) Roald Nashi, Italy's Class Action Experiment, 43 Cornell Int'l L.J. 147 (2010) Valerie Scott, Access to Justice and Choice of Law Issues in Multi-Jurisdictional Class Actions in Canada, 43 Ottawa L. R. 233 (2011-2013) Susan M. Sharko, et al., Global Strategies and Techniques for Defending Class Action Trials: Defending the Global Company in Multinational Litigation, 77 Def. Couns. J. 295 (2010) S. I. Strong, Cross-Border Collective Redress in the European Union: Constitutional Rights in the Face of the Brussels I Regulation, 45 Ariz. St. L.J. 233 (2013) Tobias B. Wolff, Discretion in Class Certification, 162 U. Pa. L. Rev. 1897, 1931 (2014) 1

INTEREST OF THE AMICUS CURIAE (1)

Amicus curiae International Association of Defense Counsel (IADC) is an association of corporate and insurance attorneys from the United States and around the globe whose practice is concentrated on the defense of civil lawsuits. The IADC is dedicated to the just and efficient administration of civil justice and continual improvement of the civil justice system. The IADC supports a justice system in which plaintiffs are fairly compensated for genuine injuries, responsible defendants are held liable for appropriate damages, and non-responsible defendants are exonerated without unreasonable cost.

The IADC has a particular interest in the fair and efficient administration of class actions, which are increasingly global in reach. Foreign plaintiffs often seek class action relief in federal court for alleged wrongs committed on foreign soil. See Ilana T. Buschkin, The Viability of Class Action Lawsuits in a Globalized Economy--Permitting Foreign Claimants to be Members of Class Action Lawsuits in the U.S.

2

Federal Courts, 90 Cornell L. Rev. 1563, 1567 (2007) ("Since few other countries have group or representative litigation devices, foreign victims often avail themselves of the class action device in order to bring their claims in U.S. courts. As a result, U.S. federal judges increasingly entertain motions to certify mixed U.S.-foreign claimant classes."); see also In re Parlamat Sec. Litig., 497 F. Supp. 2d 526, 531, 540 (S.D.N.Y. 2007) (dismissing the claims of a class of Italian investors who alleged fraud against an Italian food and dairy company because "all of the U.S. conduct was clearly peripheral to the fraud itself").

Moreover, despite longtime skepticism about American class actions, several countries have begun to adopt their own class action procedures. Australia, Canada, and the European Union now provide some form of class relief. See Valerie Scott, Access to Justice and Choice of Law Issues in Multi-Jurisdictional Class Actions in Canada, 43 Ottawa L. R. 233 (2011-2013) (discussing class action cases and reform in Canada); Roald Nashi, Italy's Class Action Experiment, 43 Cornell Int'l L.J. 147 (2010) (analyzing Italy's class-action regime, instituted in 2010); S.I. Strong, Cross-Border Collective Redress in the European Union: Constitutional Rights in the...