Laboratory Corporation of America Holdings v. Davis presented a question central to modern class action litigation: whether class certification is permissible under Rule 23(b)(3) when some members of the putative class are uninjured. We previously highlighted the Supreme Court’s decision to hear argument in the case, which had the potential to resolve a widening circuit split on this issue—some courts have held that uninjured class members preclude certification entirely, others ask whether uninjured class members can be identified and excluded without requiring predominance-defeating “mini-trials,” and others (incorrectly, in our view) defer the inquiry until later stages of the case unless a “great many” of the class members are uninjured.  Despite its clear interest in resolving this split, the Supreme Court ultimately determined that Laboratory Corporation had too many procedural quirks to reach the question presented, holding in an 8-1 decision that certiorari was “improvidently granted” and dismissing the appeal.Continue Reading Supreme Court Delays Resolution of Uninjured Class Member Debate