Groups Urge Congressional Scrutiny of D.C. Attorney General’s Use of Private Attorneys
Concerns Mount Over Outside Counsel Contracts and Litigation Agendas
Newman v. Bayer Inc.
(2nd Circ., filed April 9, 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 legal standard for materiality cannot excuse the lack of class-wide proof of injury. Also arguing that no-injury class actions distort the litigation system and impose unwarranted costs on businesses and consumers.
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