Marc Shapiro on Labcorp v. Davis: What’s Next for Class Actions?

Orrick litigation partner Marc Shapiro spoke with CDR about the fallout from the U.S. Supreme Court’s recent decision to sidestep a key question: Can federal courts certify class actions that include uninjured members?

Circuit courts are split. Some say any uninjured class members bar certification. Others allow a few. Some permit certification unless a large portion is uninjured. The Supreme Court’s punt in Labcorp v. Davis leaves this uncertainty in place. [For more, see Marc’s previous insights on the Labcorp case.]

“It would have been helpful to receive Supreme Court recognition and reaffirmation of these settled principles. But in the absence of that guidance, Justice Kavanaugh’s opinion will hopefully provide a roadmap for lower courts on these critical issues,” Marc tells CDR.