Whether the presence of uninjured class members can defeat class certification is a hot-button topic in class action litigation. Just four days after the Supreme Court dismissed the appeal in Laboratory Corporation of America Holdings v. Davis regarding whether class certification is permissible under Rule 23(b)(3) when some members of the putative class are uninjured (we described this case here), the Sixth Circuit affirmed class certification in Pickett v. City of Cleveland, Ohio, despite defendant’s argument that up to twenty percent of the class did not suffer an economic injury. — F. 4th —-, 2025 WL 1622110 (6th Cir. June 9, 2025).
Continue Reading Sixth Circuit Affirms Class Certification Despite Potential Presence of Class Members Who Did Not Suffer Economic Injury
Supreme Court Delays Resolution of Uninjured Class Member Debate
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
Third Circuit Affirms That Individual Inquiries Into Consent Preclude Class Certification
The Third Circuit recently affirmed a district court’s ruling in a Telephone Consumer Protection Act (“TCPA”) case that rejected class certification because individualized questions about consent precluded predominance. Conner v. Fox Rehabilitation Servs., P.C., 2025 WL 289230 (3d Cir. Jan. 24, 2025).
In Conner, a plaintiff brought a
Continue Reading Third Circuit Affirms That Individual Inquiries Into Consent Preclude Class CertificationSupreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
On January 24, the Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis to address a long-unsettled issue central to class-action litigation: “Whether 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.”Continue Reading Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification
California Supreme Court Decision Highlights Potential Class Certification Defenses for Manufacturers of Prescription Drugs & Medical Devices
A recent decision by the California Supreme Court underscores why courts should be hesitant to grant class certification in cases in which the learned intermediary doctrine applies. Continue Reading California Supreme Court Decision Highlights Potential Class Certification Defenses for Manufacturers of Prescription Drugs & Medical Devices
SDNY Court Denies Class Certification in Suit Challenging Robitussin “Max Strength” Labels
A court in the Southern District of New York recently denied plaintiffs’ motion for class certification on adequacy grounds in a suit challenging the labeling of “Maximum Strength” Robitussin cough syrup. See Woodhams v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC (S.D.N.Y. Mar. 21, 2024).Continue Reading SDNY Court Denies Class Certification in Suit Challenging Robitussin “Max Strength” Labels
“Greenwashing” Claims Certified For Class Treatment
This blog recently covered a decision from the Northern District of California denying a defendant’s motion for summary judgment on a plaintiff’s “greenwashing” claims, which asserted that defendant’s “non-toxic” and “Earth-friendly” labels were false and misleading. See Bush v. Rust-Oleum Corp., 2024 WL 308263 (N.D. Cal. Jan. 26, 2024). Now, the same court has granted class certification on those claims, demonstrating that not only can these claims be difficult to defeat before trial, but it can also be difficult to prevent certification on those claims as well.Continue Reading “Greenwashing” Claims Certified For Class Treatment
Sixth Circuit Pumps the Brakes on Class Certification Alleging Common Defects in Ford F-150 Pickup Trucks
The Sixth Circuit vacated an order certifying five statewide classes alleging a common brake defect in Ford Motor Company’s F-150 pickup trucks, remanding the case to the district court “for more searching consideration” of whether commonality under Federal Rule of Civil Procedure 23(a)(2) was satisfied.
In Weidman v. Ford Motor Co., 2022 WL 1071289 (E.D. Mich. Apr. 8, 2022), plaintiffs had filed a putative class action against Ford over an alleged defective brake cylinder in their F-150 pickup trucks. The district court certified five statewide classes on three issues under Rule 23(c)(4): (1) whether the trucks’ brake systems were defective; (2) whether Ford possessed pre-sale knowledge of the defect; and (3) whether concealed information about the defect would be material to a reasonable buyer.
On a Rule 23(f) petition for interlocutory review, the Sixth Circuit vacated the class certification order, finding that the district court’s “cursory treatment of commonality, one of the four necessary class action ingredients, failed to meet Rule 23’s stringent requirements.” In Re Ford Motor Co., 2023 WL 7877971, at *1 (6th Cir. Nov. 16, 2023).Continue Reading Sixth Circuit Pumps the Brakes on Class Certification Alleging Common Defects in Ford F-150 Pickup Trucks
Tenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability Precedent
The Tenth Circuit recently affirmed an order denying class certification, in an unpublished decision holding that district courts may rely on out-of-circuit precedent in deciding whether a proposed class is ascertainable.Continue Reading Tenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability Precedent
Losing Less than a Penny Suffices for Standing for Class Certification, the Ninth Circuit Rules
The Ninth Circuit recently held that a class could be certified with class members who lost less than a penny of interest. But it also held that where some class members may have lost nothing at all, the district court must take a hard look at whether the predominance requirement has been met. Continue Reading Losing Less than a Penny Suffices for Standing for Class Certification, the Ninth Circuit Rules