How many uninjured class members is too many for class certification? For decades, this question has generated significant controversy between and within federal judicial circuits and led to widely divergent outcomes. Particularly given upward trends in class litigation and the staggering liability and costs such suits can generate, many businesses, industry groups, government entities, and other constituencies were hopeful that the U.S. Supreme Court would resolve—or at least clarify—the issue in Labcorp v. Davis , where the Court had granted certiorari on the question of whether federal courts may certify a damages class under Federal Rule of Civil Procedure 23(b)(3) when the class includes some members who lack any injury under Article III of the U.S. Constitution.

But on June 5, 202

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