U.S. Supreme Court
Lower Court Opinion
1. Whether, and in what circumstances, the presence of uninjured class members precludes the certification of a class under Federal Rule of Civil Procedure 23(b)(3).
2. Whether, and in what circumstances, a plaintiff may rely on representative evidence such as averaging assumptions to establish classwide proof of injury to satisfy Rule 23’s requirements.
Cert. petition denied
November 14, 2022
The Supreme Court denied certiorari to resolve split over whether a class may be certified where more than a de minimis number of unnamed class members may be uninjured. The U.S. Chamber filed a brief in support of certiorari, as well as two amicus briefs when this case was before the Ninth Circuit.
U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that a class may not be certified where more than a de minimis number of unnamed class members may be uninjured
September 09, 2022
Click here to view the coalition amicus brief. Ashley Parrish, Anne Voigts, and Suzanne Nero of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The Chamber previously filed two amicus briefs when this case was before the Ninth Circuit.