News & Analysis as of

Certiorari Jurisdiction Class Action

Hogan Lovells

Update: Supreme Court declines to resolve key class certification question

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This development reinforces the importance of early case assessment and a tailored class certification defense strategy. Lower courts may continue to diverge on this issue, creating inconsistent outcomes depending on...more

Pierce Atwood LLP

After Oral Argument, Supreme Court Dismisses Labcorp Appeal of Class Certification Based On Article III Standing and Circuit Split...

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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

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

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

Kilpatrick

Supreme Court holds that plaintiff can defeat federal question jurisdiction by eliminating all federal questions in post-removal...

Kilpatrick on

Takeaway: Class action plaintiffs often endeavor to structure their complaints to avoid federal jurisdiction. To avoid federal diversity jurisdiction, for example, class plaintiffs often will name non-diverse defendants with...more

Holland & Knight LLP

High Court Grants Certiorari in Vitamin C Antitrust Litigation

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On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Holland & Knight LLP

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

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The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

A&O Shearman

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

A&O Shearman on

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Will Weigh Insider Trading, Securities Act Class Action Requirements

In its 2016 fall term, the U.S. Supreme Court will have the opportunity to consider two cases involving securities laws, one of which is already on the calendar for oral argument. The cases concern the “personal benefit”...more

K&L Gates LLP

All or Nothing? The U.S. Supreme Court to Address Whether Evidence In Support of Removal Must Be Submitted with the Notice of...

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On April 7, 2014, the United States Supreme Court granted the petition for writ of certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (“Dart Cherokee”), to address whether a defendant must include...more

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