Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following question:
Whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.
The Supreme Court’s certiorari grant is a significant moment in class action jurisprudence. The question of Article III standing for absent class members is a knot that courts have been trying to sort out over the last several years.
On one end, the Second Circuit has
held that “no class may be certified that contains members lacking Article III standing.” Accordingly, district courts in the Second Circuit routinely examine Article III standing of absent class members as part of the class certification analysis.