
Businesses have long argued that federal courts cannot grant class certification when members of the proposed class would lack Article III standing to bring their own claims. The Supreme Court is now poised to provide an answer. Last Friday, the Court granted review in Laboratory Corp. of America v. Davis to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” (Rule 23(b)(3) is the provision that governs certification of virtually all damages classes.) This issue is critical to class action litigation, and one that the Supreme Court left open in TransUnion v. Ramirez and Spokeo, Inc. v. Robins. (We, along with our colleague Andy Pincus and others at the firm, represented the petitioner in Spokeo and filed an amicus brief in TransUnion.)Continue Reading Supreme Court to decide important case on Article III standing at the class-certification stage in damages class actions