Plain-English summary
Court dismisses review in Labcorp v. Davis after agreeing to hear whether class certification is allowed when some class
The Court granted review on whether a federal court may certify a Rule 23(b)(3) class when some putative class members lack Article III injury, but then dismissed the writ of certiorari as improvidently granted. The case is therefore not decided on the merits.
Why this matters
If the Court had decided the question, the ruling could have changed when class actions can proceed in federal court — potentially limiting or preserving classes where many members may not have suffered a concrete legal injury. Because the Court dismissed review, lower courts and litigants still lack a definitive, nationwide Supreme Court rule on this important procedural and constitutional issue.
Who may feel it
- Class action plaintiffs and defendants
- Federal trial and appellate courts
- Businesses facing large consumer or employment class suits
- Civil procedure and class-action lawyers
Key questions
- May a federal court certify a class under Federal Rule of Civil Procedure 23(b)(3) when some putative class members lack an Article III injury?
- Does Article III require every member of a certified class to have an individual, concrete injury before class certification?