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Damages › Class Action › Split of Authority

Venable LLP

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

Venable LLP on

On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

King & Spalding

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

King & Spalding on

On August 16, the D.C. Circuit held in a high-profile antitrust MDL involving railroad shippers that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their expert’s damages model calculated...more

Harris Beach Murtha PLLC

The Seventh Circuit Weighs In On Standing

Harris Beach Murtha PLLC on

Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue. The court found that Barnes & Noble customers have standing to pursue a class action concerning the...more

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