Forum

U.S. Supreme Court

Case Status

Pending

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Questions Presented

1. Whether a Rule 23(b)(3) damages class can be certified based on an alleged violation of a statute, regulation, or contract, even if determining whether the violation resulted in any real-world harm to each class member would require highly individualized proceedings.

2. Whether a Rule 23(b)(3) damages class can be certified when some members of the proposed class lack any Article III injury.

Case Updates

U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that district court must scrutinize plaintiffs’ legal theory before approving class certification, instead of putting off the legal analysis for a later day

March 31, 2025

U.S. Chamber Coalition Amicus Brief

Adam G. Unikowsky and Jonathan J. Marshall of Jenner & Block LLP served as outside counsel.

The Chamber previously filed an amicus brief when this case was before the Ninth Circuit.

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