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ARTICLE · 06 FEBRUARY 2025

Supreme Court To Address Whether Courts May Certify Rule 23(b)(3) Classes With Uninjured Class Members

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On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured.

United StatesLitigation, Mediation & Arbitration
Amy Pauli
Amy Pauli
Scott L. Winkelman
Scott L. Winkelman

What You Need to Know

  • Key takeaway#1

Should the Supreme Court determine that there are no Article III or Rule 23(b)(3) prohibitions on certifying a damages class that includes uninjured members, plaintiffs could artificially inflate their class sizes and drive up defendants' exposure, thereby increasing plaintiffs' settlement leverage pre- and post-class certification.

  • Key takeaway#2

The Court's answer could bring uniformity to the federal courts, which may reduce forum shopping for the plaintiffs' bar.

On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured. Or, as the Supreme Court put the certified question in the case, Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873:

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