Class Standing Redux: Ninth Circuit Holds Plaintiffs Must Present Evidence Of Class Member Injury At Summary Judgment

In Healy v. Milliman, Inc., — F.4th —-, 2026 WL 71863 (9th Cir. Jan. 9, 2026), the Ninth Circuit addressed a key Article III standing question left open by the Supreme Court in TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) – whether unnamed class members must present at least some evidence of concrete injury on a class-wide basis in opposition to summary judgment.

The action was brought under section 1681e(b) of the Fair Credit Reporting Act, 15 U.S.C. §1681e(b). Milliman, a risk management, benefits, and technology firm based in Seattle, had compiled credit reports containing insurance applicants' medical history and sold them to insurers. Plaintiff Healy applied for life insurance with one of Milliman's insurer clients. He alleged Milliman supplied incorrect information to the insurer based on another person's medical records, which caused his application to be denied, and then failed to timely investigate and correct the errors when notified.