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United States Supreme Court Declines to Decide Whether a Class Including Uninjured Members May Be Certified, But Justice Kavanaugh Weighs In

Jun 13 2025

By Gil Walton In Laboratory Corporation of America Holdings v. Davis, the United States Supreme Court granted certiorari to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” This is a question that, for […]

Doing Business in Every State? Briskin Says Focus on a Particular State Is Not Necessary for E-Commerce Jurisdiction

May 13 2025

By George C. Harris and Emily Kirk This update to our August 2024 blog, “Ninth Circuit En Banc Review of Personal Jurisdiction Over Internet-Based Businesses: the ‘Expressly Aimed’ Requirement,” analyzes the April 21, 2025 en banc decision by the Ninth Circuit Court of Appeals reversing the district court’s dismissal of Brandon Briskin’s complaint in Briskin v. […]

California Supreme Court Rules that Contract Clauses Limiting Damages for Willful Injury are Invalid under California Law

May 12 2025

By Nathan Walker On April 23, 2025, the Supreme Court of California ruled that contract clauses that limit damages for willful tortious injury to the person or property of another are invalid under California Civil Code section 1668. The ruling came in response to a certified question from the United States Court of Appeals for […]