On June 5, 2025, the United States Supreme Court dismissed as improvidently granted the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. As a result of the Court’s dismissal, a federal circuit split on the inclusion of uninjured class members in Rule 23 damages classes remains. While the Court did not reach the petition’s merits, Justice Kavanaugh wrote in dissent that he would have reached the merits and would have held “that a federal court may not certify a damages class that includes both injured and uninjured members.”

For more information about the Court’s recent dismissal, please read our Client Alert Supreme Court Dismisses Cert Petition On Uninjured Class Members As Improvidently Granted.