News & Analysis as of August 6, 2025

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Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

Katten Muchin Rosenman LLP on 6/11/2025

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

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

McDermott Will & Schulte on 6/15/2023

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

Class Action Year in Review: Courts Continue Close Scrutiny of Class Action Settlements

ArentFox Schiff on 1/18/2023

Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more

Please Remain Standing: 11th Circuit Rejects $35 Million GoDaddy Settlement Due to Absent Class Members Lack of Standing

Foley & Lardner LLP on 8/17/2022

Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more

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

King & Spalding on 11/14/2018

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

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