False Start: U.S. Supreme Court Declines To Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

Seyfarth Synopsis: On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so, the Supreme Court passed on the chance to decide the question that had been presented, namely: whether federal courts may certify a Rule 23 damages class that includes both injured and uninjured members. These sorts of issues are frequently litigated in the employment context. The Supreme Court's decision is not helpful to employers in the near term, since it does not restrict these class actions as a rule in federal court. However, the Supreme Court has not closed the door on revisiting the issue, and the inclusion of uninjured class members can still provide grounds for defendants to oppose certification in the meantime.