Key Takeaways
The U.S. Supreme Court recently granted certiorari to resolve a circuit split over whether a damages class may be certified if it includes uninjured plaintiffs. This decision is expected to provide clarity on class actions, potentially reshaping the landscape of class action litigation.
The U.S. Supreme Court recently granted certiorari in Laboratory Corp. v. Davis, No. 22-55873 (9th Cir. 2024) to resolve the circuit split over whether a damages class action may be certified that contains plaintiffs who lack standing because they are uninjured. A ruling may issue before the Court's July recess.
This issue has divided federal appellate courts. For example, the Second and Eighth Circuits take the strict view that a class may not be certified if it contains members who lack Article III standing. Johannessohn v. Polaris Indus. Inc., 9 F.4th 981 (8th Cir. 2021); Denney v. Deutsche Bank AG, 443 F.3d 253 (2d Cir. 2006). The Third Circuit...
