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Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Axinn, Veltrop & Harkrider LLP on

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Seyfarth Shaw LLP

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

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On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

Ballard Spahr LLP

In Labcorp v. Davis, Supreme Court Passes on Chance to Clarify Issue of Uninjured Class Members

Ballard Spahr LLP on

The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...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

Haug Partners LLP

En Banc 9th Circuit Puts Packaged Tuna Antitrust Classes Back in the Case, Dissent Warns of a “Tidal Wave Of Monstrously Oversized...

Haug Partners LLP on

On April 8, 2022, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, re-certified three classes of packaged tuna buyers, rejecting a Ninth Circuit panel-majority’s per se rule regarding a de minimis number of...more

Haug Partners LLP

9th Circuit Filets Tuna Classes, Holding That District Courts Must Evaluate the Degree of Uninjured Class Members Prior to...

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The U.S. Court of Appeals for the 9th Circuit recently weighed in on the effect of uninjured class members on class certification—decertifying three classes in Olean Wholesale Grocery Coop. v. Bee Foods LLC. Olean concerned...more

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