Plain-English summary
Court dismisses review in Labcorp v. Davis after granting cert — question on class certification left unresolved
The Supreme Court granted review to decide whether Rule 23(b)(3) class certification is allowed when some class members have no Article III injury, but dismissed the writ as improvidently granted and left the question undecided. The per curiam dismissal was issued June 5, 2025; Justice Kavanaugh dissented.
Why this matters
The case posed a key question about who may be included in federal class actions and how courts should assess standing and injury across large groups. A definitive ruling could have changed how lower courts evaluate class membership, the scope of recoveries in consumer and privacy litigation, and the risks businesses face when sued on behalf of many people who may not all be injured. Because the Court dismissed review, lower courts retain differing approaches and uncertainty remains for plaintiffs, defendants, and class counsel.
Who may feel it
- Consumers and patients in class actions
- Businesses and institutions facing class suits (like labs, pharmacies, retailers)
- Class action lawyers and judges
- Organizations representing people with disabilities or privacy groups