In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury. But as we discussed last month, the oral argument suggested that...more
A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a...more
5/6/2025
/ Appeals ,
Appellate Courts ,
Article III ,
Class Action ,
Class Certification ,
Federal Rules of Civil Procedure ,
Injury-in-Fact ,
Jurisdiction ,
Mootness ,
Oral Argument ,
SCOTUS
Life has its disappointments. Sometimes, you think you’ve won a free car, but it turns out that you’ve won only a couple of dollars. And sometimes, you think that an appellate court will clarify a thorny issue of class-action...more
Class actions have long been difficult to certify in fraud cases. But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm. That decision is now on...more
12/14/2022
/ Amicus Briefs ,
Appeals ,
Appellate Courts ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Digital Marketplace ,
Facebook ,
Fraud ,
FRCP 23 ,
Inflated Projections ,
Internet ,
Material Misrepresentation ,
Online Advertisements ,
Predominance Requirement ,
Websites