(9th Circ., filed March 24, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class lacking a class-wide means of proving injury. The means of proving injury with common evidence must be demonstrated at class certification, not postponed or delegated to a claims administrator. Also arguing that the legal standard for materiality cannot excuse the lack of a class-wide means of proving injury. No-injury class actions distort the litigation system and impose unwarranted costs on businesses and consumers.
