In Laboratory Corporation of America Holdings v. Davis (No. 24-304), the Supreme Court has the opportunity to decide whether a federal court may certify a class action under Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury. If the Court reaches the question presented, its ruling has the potential to send shockwaves through the high-stakes world of class action litigation, where defendants are often pressured to settle claims regardless of their merit when faced with potentially catastrophic damages awards. But a gleaming procedural infirmity appears likely to prevent the Court from doing so.

Continue Reading Supreme Court Weighs Certification of a Class Including Uninjured Plaintiffs

Earlier this month, in BLOM Bank SAL v. Honickman, the Supreme Court considered whether a court must balance the finality principles of Federal Rule of Civil Procedure 60(b) with the liberal amendment policies of Rule 15(a) when plaintiffs seek to reopen a final judgment to file an amended complaint.

Continue Reading The Supreme Court Weighs Rule 60(B) Finality Against Rule 15(A)