Kavanaugh Dissent Invites More Cases with Uninjured Class Members

Litigation attorneys Paul Bond and Madeline Schonberger wrote a Bloomberg Law article about the U.S. Supreme Court's recent dismissal of Laboratory Corp. of America Holdings v. Davis, a key class action case that raised critical questions about certifying damages classes that include both injured and uninjured members. The article discusses Justice Brett Kavanaugh's dissent expressing concern over the court's refusal to address this fundamental legal issue, which has significant implications for class certification standards and the economic impact of overly broad class actions. They highlight the ongoing circuit split and uncertainty businesses face as courts continue to apply varying rules nationwide, underscoring the need for clear judicial guidance on class action practices.

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