ARTICLE
18 August 2025

Class Action Decisions Published June 2025

SH
Shook, Hardy & Bacon

Contributor

Shook, Hardy & Bacon has long been recognized as one of the premier litigation firms in the country. For more than a century, the firm has defended companies in their most substantial national and international products liability, mass tort and complex litigation matters.

The firm has leveraged its complex product liability litigation expertise to expand into several other practice areas and advance its mission of “being the best in the world at providing creative and practical solutions at unsurpassed value.” As a result, the firm has built nationally recognized practices in areas such as intellectual property, environmental and toxic tort, employment litigation, commercial litigation, government enforcement and compliance, and public policy.

Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal courts may certify a Rule 23 damages class that includes both injured and uninjured members...
United States Litigation, Mediation & Arbitration

Highlights from this issue include:

  • Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal courts may certify a Rule 23 damages class that includes both injured and uninjured members but subsequently issued a per curiam decision that the writ of certiorari was dismissed as improvidently granted. Justice Brett Kavanaugh dissented. He held that a federal court may not certify a damages class that includes both injured and uninjured members because in such a case, common questions do not predominate.
  • Nationwide Injunctions and Class Actions. The Supreme Court held that nationwide injunctions likely exceed the equitable authority Congress has granted to federal courts. The majority also implied, however, that a "properly conducted class action" could permit certification of nationwide classes when appropriate.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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