On Thursday, June 5, 2025, the United States Supreme Court
issued an 8-1 opinion in the matter of Laboratory Corp. of Am.
Holdings v. Davis in which it declined to take up the issue of
whether district courts can certify a class that contains uninjured
members.
In the opinion, the Supreme Court dismissed as improvidently
granted the appeal of a Ninth Circuit decision affirming class
certification despite the fact that the class, as certified,
contained some uninjured class members.
Writing in dissent, Justice Kavanaugh framed the question
presented as "whether a federal court may certify a damages
class pursuant to Federal Rule of Civil Procedure 23 when the class
includes both injured and uninjured class members." Justice
Kavanaugh stated that he would hold that a federal court may not
certify such a class under Rule 23.
