Supreme Court of the United States · Official docket →
Laboratory Corporation of America Holdings, dba Labcorp v. Luke Davis, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55873 · judgment February 8, 2024
Decided · June 5, 2025
Pre-decision estimate: 26% cert probability (95% interval 20%–32%)
Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
Whether a federal court may certify a class action when some of its members lack any Article III injury. THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER 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. EXPEDITED BRIEFING. DISMISSED AS IMPROVIDENTLY GRANTED
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Deepak Gupta
Gupta Wessler LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 19 merits
(11 supporting pet./neither, 8 respondent)
Argument & decision
Argued April 29, 2025 — Noel J. Francisco · Sopan Joshi · Deepak Gupta. Audio and transcript
Decided June 5, 2025. Opinion by Per Curiam.
Proceedings
- Jul 07 2025Judgment Issued.
- Jun 05 2025Writ of certiorari DISMISSED as improvidently granted. Justice Kavanaugh, dissenting. Opinion per curiam.
- Apr 29 2025Argued. For petitioner: Noel J. Francisco, Washington, D. C. For United States, as amicus curiae: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Deepak Gupta, Washington, D. C.
- Apr 25 2025Petitioners' response in opposition to letter of respondents, submitted.
- Apr 23 2025Letter of respondents addressing supplemental information submitted.
- Apr 21 2025Reply of petitioner Laboratory Corporation of America Holdings, d/b/a Labcorp filed. (Distributed)
- Apr 17 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Apr 07 2025Brief amici curiae of AARP, et al. filed. (Distributed)
- Apr 07 2025Brief amici curiae of Lionel Harper, et al. filed. (Distributed)
- Apr 07 2025Brief amici curiae of Nobel Laureate Economist Joseph Stiglitz, et al. filed. (Distributed)
- Apr 07 2025Brief amici curiae of Civil Procedure and Complex Litigation Law Professors filed. (Distributed)
- Apr 07 2025Brief amicus curiae of American Antitrust Institute filed. (Distributed)
- Apr 07 2025Brief amici curiae of Federal Jurisdiction Scholars filed. (Distributed)
- Apr 07 2025Brief amici curiae of Legal Historians and Scholars of Representative Litigation filed. (Distributed)
- Apr 07 2025Amicus brief of National Community Pharmacists Association not accepted for filing. (To be corrected and resubmitted - April 09, 2025)
- Apr 07 2025Brief amicus curiae of National Community Pharmacists Association filed. (Distributed)
- Mar 31 2025Brief of respondents filed. (Distributed)
- Mar 25 2025Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 19 2025CIRCULATED
- Mar 12 2025Sealed material received electronically from the United States Court of Appeals for the Ninth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
- Mar 12 2025Brief amicus curiae of United States in support of neither party filed.
- Mar 12 2025Brief amicus curiae of Washington Legal Foundation filed.
- Mar 12 2025Brief amicus curiae of TechNet filed.
- Mar 12 2025Brief amicus curiae of Product Liability Advisory Council filed.
- Mar 12 2025Brief amicus curiae of National Federation of Independent Business Small Business Legal Center, Inc. filed.
- Mar 12 2025Brief amici curiae of City of Beverly Hills, California, et al. filed.
- Mar 12 2025Brief amici curiae of Professor William B. Rubenstein, et al. in support of neither party filed.
- Mar 12 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Mar 12 2025Brief amici curiae of Claims Administrators in support of neither party filed. (Distributed)
- Mar 12 2025Brief amici curiae of Mortgage Bankers Association, et al. filed.
- Mar 12 2025Brief amicus curiae of Atlantic Legal Foundation filed.
- Mar 05 2025Brief of petitioner Laboratory Corporation of America Holdings, d/b/a Labcorp filed.
- Mar 05 2025Joint appendix (2 volumes) filed. (Statement of costs filed)
- Mar 03 2025Record requested from the United States Court of Appeals for the Ninth Circuit.
- Feb 24 2025SET FOR ARGUMENT on Tuesday, April 29, 2025.
- Jan 24 2025Petition GRANTED limited to the following Question: Whether 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. Petitioner's brief on the merits is to be filed on or before Wednesday, March 5, 2025. Respondents' brief on the merits is to be filed on or before Monday, March 31, 2025. The reply brief is to be received by the Clerk and served upon opposing counsel on or before 2 p.m., Monday, April 21, 2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 20 2024Reply of petitioner Laboratory Corporation of America Holdings filed. (Distributed)
- Dec 06 2024Brief of respondents Luke Davis, et al. in opposition filed.
- Oct 09 2024Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2024.
- Oct 08 2024Motion to extend the time to file a response from November 6, 2024 to December 6, 2024, submitted to The Clerk.
- Oct 07 2024Response Requested. (Due November 6, 2024)
- Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 23 2024Brief amicus curiae of Washington Legal Foundation filed.
- Sep 18 2024Waiver of right of respondent Luke Davis, Julian Vargas, and American Council of the Blind, Individually and on Behalf of All Others Similarly Situated to respond filed.
- Sep 13 2024Petition for a writ of certiorari filed. (Response due October 18, 2024)
- May 25 2024Application (23A1050) granted by Justice Kagan extending the time to file until September 13, 2024.
- May 22 2024Application (23A1050) to extend the time to file a petition for a writ of certiorari from July 17, 2024 to September 13, 2024, submitted to Justice Kagan.