Class Actions Brief Blog

In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury.  But as we discussed last month, the oral argument suggested that a procedural snag would stop the Court from deciding that question.

Sure enough, the Court has now decided not to decide the class-action question in Labcorp.  In a one-sentence order issued yesterday, June 5, the Court dismissed its review of the case as improvidently granted.  That order leaves the Ninth Circuit decision in Labcorp intact and the legal issue that has ...

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling Inc. v. Amerifactors Financial Group LLC, No. 24-86 (2024), asks the Supreme Court to resolve some of these differences.

The petition originates with a District of South Carolina order denying class certification in a Telephone Consumer Protection Act case. Career Counseling, a staffing services company, filed a putative class action for alleged TCPA ...