Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report
From Social Media to Car Thefts, New Litigation Trends Threaten Entire Industries
Laboratory Corporation of America Holdings v. Davis et. al.
(U.S., filed March 12, 2025): Arguing that Rule 23(b)(3) does not circumvent fundamental limitations on federal jurisdiction in class actions. The court must enforce the Article III standing requirement when it comes to absent class members. Damages class actions have a tenuous basis in the Article III “judicial power,” and there is no traditional exception to joinder that justifies Rule 23(b)(3) damages class actions. Damages classes containing members without standing stretch Article III past the breaking point.
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