News & Analysis as of

Supreme Court of the United States Class Certification Judicial Authority

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... more +
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 -
McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

McGlinchey Stafford on

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

Robinson+Cole Class Actions Insider

How Will Trump v. CASA, Inc.  Affect Class Certification Law?

The Supreme Court’s recent decision in Trump v. CASA, Inc., –– S. Ct. ––, 2025 WL 1773631 (U.S. June 27, 2025), restricting the use of “universal injunctions” by federal district courts, is receiving extensive attention...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

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

Jackson Lewis P.C. on

In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...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

Orrick, Herrington & Sutcliffe LLP

Supreme Court Declines to Resolve Circuit Split on Certifying Classes with Uninjured Class Members

On June 5, 2025, the U.S. Supreme Court dismissed as improvidently granted the writ of certiorari in Laboratory Corporation of America Holdings v. Luke Davis, No. 22-55873, which raised whether a federal court may certify a...more

Robinson Bradshaw

Update: Supreme Court Dismisses Appeal on Whether a Class Can Contain Members Who Lack an Article III Injury

Robinson Bradshaw on

In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury. But as we discussed last month, the oral argument suggested that...more

DLA Piper

Supreme Court Declines to Decide Key Class Certification Issue

DLA Piper on

On June 5, 2025, the US Supreme Court dismissed as improvidently granted a closely watched case that could have clarified whether federal courts may certify damages class actions under Rule 23 when the class includes both...more

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