News & Analysis as of

Class Certification Standing Article III

Wilson Sonsini Goodrich & Rosati

Labcorp v. Davis Challenge Regarding Uninjured Class Members Dismissed as Improvidently Granted

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

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

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In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Ballard Spahr LLP

In Labcorp v. Davis, Supreme Court Passes on Chance to Clarify Issue of Uninjured Class Members

Ballard Spahr LLP on

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

Katten Muchin Rosenman LLP

Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

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

Robinson Bradshaw

Update: Supreme Court Dismisses Appeal on Whether a Class Can Contain Members Who Lack an Article III Injury

Robinson Bradshaw on

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

Morgan Lewis

US Supreme Court Considers Whether Classes with Uninjured Members Can Be Certified

Morgan Lewis on

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

Holland & Knight LLP

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

Holland & Knight LLP on

The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more

McGlinchey Stafford

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

McGlinchey Stafford on

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

Katten Muchin Rosenman LLP

SCOTUS Considers Article III Questions with Significant Implications on Class Action Certification

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

Foley & Lardner LLP

Will Supreme Court Punt on Circuit Split Over Article III Standing in Class Actions?

Foley & Lardner LLP on

On April 29, 2025, the Supreme Court heard argument on an issue that has divided the circuits: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the...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

Robinson Bradshaw

Supreme Court To Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

Robinson Bradshaw on

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

Venable LLP

Supreme Court Grants Certiorari on Important Class Certification Standards

Venable LLP on

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

Hogan Lovells

Supreme Court to address class certification and Article III standing

Hogan Lovells on

On January 24, 2025, the U.S. Supreme Court agreed to answer a hotly contested question in class action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when...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

McGlinchey Stafford

Supreme Court to Decide: Can Class Actions Be Certified If Some Class Members Lack Standing?

McGlinchey Stafford on

On January 24, 2025, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, and will attempt to resolve a circuit split regarding whether federal district courts can...more

BakerHostetler

Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

BakerHostetler on

For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more

Carlton Fields

Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024

Carlton Fields on

The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more

Foley & Lardner LLP

Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

Foley & Lardner LLP on

On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published July 2024 - Developments in Class Action Law

Standing. The Fifth Circuit declined the opportunity to determine whether it would follow the “class certification” or the “standing” approach to standing....more

Troutman Pepper Locke

D.C. Circuit Dismisses Appeal of Class Certification Denial Due to Lack of Standing

Troutman Pepper Locke on

The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed an appeal in the case of Lewis v. Becerra, Secretary of the United States Department of Health and Human Services (HHS). The appellants sought...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Robinson+Cole Class Actions Insider

New Texas Supreme Court Decision Highlights Several Defense Strategies for Defeating Class Certification

A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts April 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published February 2024 - Developments in Class Action Law

Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period....more

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