A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a class that includes members who lack any Article III injury? As we also noted, the Supreme Court was expected to answer this question almost a decade ago in Tyson Foods, Inc. v. Bouaphakeo, but ultimately did not resolve it.
The wait may go on. The Supreme Court held oral argument in Labcorp on April 29. After more than two hours of discussion, most of the Justices appeared to ...
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