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Damages Federal Rules of Civil Procedure Supreme Court of the United States

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

Kilpatrick

U.S. Supreme Court dismisses grant of certiorari to address impact of uninjured class members

Kilpatrick on

After numerous posts regarding the different approaches the Courts of Appeals have taken when addressing certification of a class that includes uninjured class members, we recently discussed the U.S. Supreme Court’s decision...more

BakerHostetler

The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

BakerHostetler on

On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question...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

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

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

McDermott Will & Emery

Interesting Delay: Prejudgment Interest Accrues Despite Unreasonable Delay

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit upheld a decision on enhanced damages and prejudgment interest, concluding that the district court correctly applied the appropriate standard for enhanced damages in accordance...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

Pillsbury Winthrop Shaw Pittman LLP

No Comity Tonight

U.S. Bankruptcy Court does not enforce an asset freeze order from a Brazilian insolvency proceeding recognized under chapter 15 of the Bankruptcy Code. Recognition of a foreign proceeding under chapter 15 of the Bankruptcy...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

McDermott Will & Emery

Quack, Waddle and Duck: Order That Grants Injunctive Relief Is an Injunction

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit vacated and remanded a district court ruling, finding that the district court failed to properly apply the Federal Rules of Civil Procedure (FRCP) in granting injunctive relief....more

King & Spalding

Supreme Court Requests Supplemental Briefing On Standing Issue In Google Privacy Class Action

King & Spalding on

On November 6, 2018, the U.S. Supreme Court ordered post-argument supplemental briefing in Frank v. Gaos, No. 17-961 (U.S.). The primary question on which the Court granted certiorari in Frank is whether a class action...more

BakerHostetler

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

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