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#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
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Podcast: Texas v. United States of America
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On April 29, 2025, the Supreme Court heard oral argument in Labcorp v. Davis, in which it considered the question of whether Article III standing must be determined for all members of the class, including uninjured members,...more
On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question...more
On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more
In a closely watched case with major implications for class action litigation, the U.S. Supreme Court sidestepped a long-simmering legal question: Can a class be certified if it includes members who suffered no injury? On...more
The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...more
On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more
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
The US Supreme Court held oral arguments in Laboratory Corporation of America Holdings d/b/a Labcorp v. Davis, et al. to consider the issue of whether a federal court can certify a class when some of the members of the...more
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
The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more
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
On January 24, 2025, the United States Supreme Court agreed to answer a question that has divided the circuits: Can a federal court certify a class containing members who lack any Article III injury? In Davis v. Laboratory...more
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
Our colleague Erik Zimmerman reported in an earlier post the memorable declaration from defense counsel in TransUnion, LLC v. Ramirez, 594 U.S. 413 (2021): when a legal violation results in no harm, those involved should...more
Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
It is no overstatement to say the class-action bar awaited the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with bated breath. When the 5–4 decision came down in June, it clarified the law...more
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
This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more
You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more
Yesterday, the U.S. Supreme Court invited the Solicitor General to file a brief to express the Obama administration’s views on whether certiorari should be granted in a consumer case involving an important issue of statutory...more