Drake v. Bayer

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(9th Circ., filed March 24, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class lacking a class-wide means of proving injury.  The means of proving injury with common evidence must be demonstrated at class certification, not postponed or delegated to a claims administrator.  Also arguing that the legal standard for materiality cannot excuse the lack of a class-wide means of proving injury.  No-injury class actions distort the litigation system and impose unwarranted costs on businesses and consumers.

Case not yet decided

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