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U.S. Court of Appeals for the Fourth Circuit

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Decided

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Fourth Circuit denies petition for rehearing en banc to consider whether a plaintiff who claims a need for medical monitoring based on an increased risk of disease in the future has stated a present and concrete injury in fact for Article III standing purposes

November 04, 2025

Order

U.S. Chamber files coalition amicus brief urging Fourth Circuit to grant rehearing en banc and hold that plaintiffs seeking medical monitoring based on a mere fear of future illness lack the concrete injury necessary to establish standing in Article III courts

September 09, 2025

U.S. Chamber Coalition Amicus Brief

Brian D. Boone, Matthew P. Hooker, and William W. Metcalf of Alston & Bird LLP served as outside counsel.

The Chamber previously filed a coalition amicus brief in this case.

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