News & Analysis as of May 11, 2025

Oral Argument

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Update: Supreme Court Might Still Not Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

Robinson Bradshaw on 5/6/2025

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

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

McGlinchey Stafford on 5/6/2025

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

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

Katten Muchin Rosenman LLP on 5/1/2025

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

SCOTUS Hears Oral Argument in Goldman Sachs Securities Class Action

Akin Gump Strauss Hauer & Feld LLP on 4/21/2021

On March 29, 2021, the U.S. Supreme Court heard oral argument in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System. In this closely watched case, the Court is expected to clarify the evidentiary burden for...more

Relief For The Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members Are...

Morrison & Foerster LLP - Class Dismissed on 4/9/2021

The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v....more

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