Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
1. Whether a consumer who is aware of alleged deception has Article III standing to seek injunctive relief requiring removal of the allegedly deceptive statements.
2. Whether a damages class may be certified when some members lack Article III standing.
3. Whether, under Comcast Corp. v. Behrend, 569 U.S. 27 (2013), a damages class may be certified based on a model that would award class members damages they could not recover in individual litigation.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that federal courts may not certify a Rule 23(b)(3) damages class containing uninjured class members and that deficiencies in a damages model must be addressed at the class-certification stage
October 23, 2026
U.S. Chamber Coalition Amicus Brief
Candice C. Wong, Madeline Kane, and Phillip McCarthy of Fried, Frank, Harris, Shriver & Jacobson LLP served as outside counsel.