U.S. Court of Appeals for the D.C. Circuit

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August 09, 2013

The D.C. Circuit vacated the district court's class certification decision, and remanded the case in light of Comcast Corp. v. Behrend. In so doing, the Court emphasized that “we do expect the common evidence to show all class members suffered some injury.” The Court was critical of a flawed methodology used by the plaintiffs that “detect[ed] injury where none could exist.”

U.S. Chamber argues class certifications must undergo rigorous scrutiny, and proposed class actions cannot include uninjured members

December 10, 2012

The U.S. Chamber urged the D.C. Circuit Court of Appeals to reverse a decision by the D.C. District Court to certify a class action without engaging in the rigorous scrutiny required under FRCP 23(b)(3) and the Supreme Court's recent decision in Wal-mart v. Dukes. The Chamber argued in its amicus brief that if the District Court's approach to class action certification were adopted, it would reduce the class certification threshold, which would result in liability in many cases where there was no actual injury. The Chamber pointed out that leaving companies open to this sort of unfettered liability would impose substantial burdens on the national economy without offering significant offsetting benefits.

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