News & Analysis as of

Article III Supreme Court of the United States Certiorari

McGlinchey Stafford

SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages

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On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al., No. 24-304 (2025 Term) to determine whether certification is appropriate in a class...more

Kilpatrick

Supreme Court grants certiorari to address circuit split regarding uninjured class members

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Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more

Morrison & Foerster LLP - Class Dismissed

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Venable LLP

Supreme Court Grants Certiorari on Important Class Certification Standards

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The United States Supreme Court has granted certiorari in Laboratory Corporation of America Holdings v. Davis. The case raises a pivotal question: Can a federal court certify a Rule 23(b)(3) damages class when some proposed...more

Goodwin

Supreme Court to Address Article III Standing Problems in Class Actions - Again

Goodwin on

On January 24, 2025, the Supreme Court granted certiorari in the case of Laboratory Corp. of America v. Davis, No. 24-0304, to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

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Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

Foley & Lardner LLP

U.S. Supreme Court Rules SEC Must Try Securities Fraud Cases in Federal Jury Trials Rather than In-House Courts

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On June 27, 2024, the U.S. Supreme Court ruled that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In a 6–3 decision, Chief Justice...more

Dorsey & Whitney LLP

The Supreme Court Update - December 13, 2023

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Today, the Supreme Court of the United States granted certiorari in seven cases: Food and Drug Administration v. Alliance for Hippocratic Medicine; Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine, Nos....more

Ballard Spahr LLP

SCOTUS to hear oral argument on January 17 in cases challenging Chevron deference

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The U.S. Supreme Court has scheduled oral argument for January 17, 2024 in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def....more

Seyfarth Shaw LLP

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

Seyfarth Shaw LLP on

The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more

Seyfarth Shaw LLP

SCOTUS UPDATE:  Opening Brief Filed in Acheson Hotels v. Laufer

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Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more

Dorsey & Whitney LLP

The Supreme Court Update - May 15, 2023

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Today, the Supreme Court of the United States granted certiorari in two cases: Carnahan v. Maloney, No. 22-425: This is an Article III standing case arising from the federal statute, 5 U.S.C. § 2954, that directs...more

Seyfarth Shaw LLP

SCOTUS Agrees to Resolve A Circuit Split on Tester Standing in ADA Title III Cases

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Seyfarth Synopsis: SCOTUS grants certiorari on an ADA Title III case for the first time in 18 years to resolve a circuit split on whether an ADA plaintiff has standing to sue without having any intention of frequenting the...more

Dorsey & Whitney LLP

The Supreme Court Update - March 27, 2023

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Today, the Supreme Court of the United States granted certiorari in one case: Acheson Hotels, LLC v. Laufer, No. 22-429: This case involves the scope of Article III standing to enforce the requirements of the Americans...more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decision in Student Loan Forgiveness Cases May Hinge on Article III Standing

On February 28th, 2023, the United States Supreme Court heard oral arguments in two related cases, Biden v. Nebraska and Department of Education v. Brown, both of which challenge President Biden's one-time student loan...more

Orrick, Herrington & Sutcliffe LLP

States file brief in support of Biden’s student loan debt-relief program

On January 11, a coalition of 22 state attorneys general from Massachusetts, California, Colorado, Connecticut, Delaware, the District Of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New...more

Dorsey & Whitney LLP

CCPA Class Actions and Standing Requirements

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When the California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, most observers expected a flood of CCPA class action lawsuits against companies essentially defenseless against the proscriptive liability...more

Carlton Fields

Article III and Rule 23: Do We Stand Together or All on Our Own?

Carlton Fields on

On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more

Kilpatrick

SCOTUS grants certiorari to resolve critical class action standing issue

Kilpatrick on

Takeaway: In a prior article – Class action standing: Ninth Circuit holds members of a damages class must demonstrate Article III standing (March 31, 2020) – we discussed the Ninth Circuit’s decision in Ramirez v....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court to Address Class Action Standing in Ramirez Case: To Recover, Must Absent Class Members Establish Actual Injury?

The U.S. Supreme Court granted certiorari on December 16, 2020 in TransUnion, LLC v. Ramirez on the question of “[w]hether either Article III or Rule 23 permits a damages class action where the vast majority of the class...more

Troutman Pepper Locke

Supreme Court to Take a Stand on Standing, Granting Cert. of 9th Circuit’s Ramirez Decision

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The Supreme Court granted cert in Ramirez v. TransUnion LLC to consider “whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury...more

Morgan Lewis

Is the ACA’s Viability at Risk? Thoughts in Anticipation of the California v. Texas Supreme Court Argument

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As the nation has turned its attention to fighting a global pandemic and the very real, human cost associated with that fight, the decade-old battle over the Affordable Care Act (ACA) is once again in the limelight. On...more

Seyfarth Shaw LLP

Will The ACA Case Now Before The Supreme Court Make It Harder For ERISA Fiduciary Breach Plaintiffs To Establish Standing?

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On March 2, 2020, the United States Supreme Court granted certiorari in California v. Texas, No. 19-840, which appeals the decision of the Court of Appeals for the Fifth Circuit that struck down the individual mandate to the...more

Dorsey & Whitney LLP

The Supreme Court - March 2, 2020

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This morning, the Supreme Court of the United States granted certiorari in the following cases: California v. Texas, No. 19-840; Texas v. California, No. 19-1019: A petition for a writ of certiorari and conditional...more

Ballard Spahr LLP

U.S. Supreme Court to decide CFPB’s constitutionality

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This past Friday, the U.S. Supreme Court announced that it has agreed to decide whether the CFPB’s single-director-removable-only-for-cause structure is constitutional.  The Court granted Seila Law’s petition for a writ of...more

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