Supreme Court Hears Argument About Uninjured Class Members

What You Need to Know

Key takeaway#1

The Supreme Court signaled it may avoid reaching the merits due to a procedural issue, which could leave the existing circuit split in place.

Key takeaway#2

If the Court reaches the merits, the Justices appear divided on the outcome.

On April 29, 2025, the Supreme Court heard oral argument in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. The Supreme Court had granted a petition for writ of certiorari in the case as to the following question: "[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury." The Justices focused much of the oral argument on whether the case was moot, suggesting they may not reach the merits. And when soliciting argument on the merits, the Court appeared divided as to how to answer the question.