Share on LinkedInShare on LinkedIn

ARTICLE · 18 AUGUST 2025

Class Action Decisions Published June 2025

Shook, Hardy & Bacon LLP
Shook, Hardy & Bacon LLP
Contributor
Shook, Hardy & Bacon LLP

Shook, Hardy & Bacon LLP

The Firm Shook, Hardy & Bacon’s London group offers an elite, globally recognised product liability...

View firm profile
Explore more from Shook, Hardy & Bacon LLP

Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal courts may certify a Rule 23 damages class that includes both injured and uninjured members...

United StatesLitigation, Mediation & Arbitration
Mitchell F. Engel
Mitchell F. Engel

Highlights from this issue include:

  • Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal courts may certify a Rule 23 damages class that includes both injured and uninjured members but subsequently issued a per curiam decision that the writ of certiorari was dismissed as improvidently granted. Justice Brett Kavanaugh dissented. He held that a federal court may not certify a damages class that includes both injured and uninjured members because in such a case, common questions do not predominate.
  • Nationwide Injunctions and Class Actions. The Supreme Court held that nationwide injunctions likely exceed the equitable authority Congress has granted to federal courts. The majority also implied, however, that a "properly conducted class action" could permit certification of nationwide classes when appropriate.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from