U.S. Supreme Court DIGs A Rule 23 Case And Justice Kavanaugh Dissents, Arguing Predominance Cannot Be Met Where Classes Include Uninjured Class Members

By Gerald L. Maatman, Jr. and Rebecca S. Bjork Duane Morris Takeaways: On June 5, 2025, the U.S. Supreme Court issued a decision in Laboratory Corporation of America Holdings d/b/a Labcorp v. Davis, No. 24-304 (U.S. June 5, 2025), that dismissed the writ of certiorari as improvidently granted, an extremely rare move colloquially known as …

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