Could A Circuit Split On Article III Standing And Class Certification Remain Unresolved Due To A Procedural Snafu Before The Supreme Court?

The United States Supreme Court may dismiss a key class action standing case as improvidently granted. The Court granted certiorari in Labcorp v. Davis, No. 24-304, to resolve a longstanding circuit split over the requirements for class action certification.

Federal Rule of Civil Procedure 23 outlines four prerequisites for class certification:

• numerosity
• commonality
• typicality and
• adequacy of class representative.

But federal appellate courts disagree on how these Rule 23 requirements interact with Article III standing under the U.S. Constitution.

This case could redefine the landscape of class action litigation for both defendants and plaintiffs. Since the majority of class actions settle before trial—due to the financial exposure of potential jury awards—class certification often serves as the critical turning point in class litigation.