(6th COA, filed February 21, 2024): Arguing that the district court erred in certifying these substantially
uninjured classes. This Court should confirm that Rule 23(b)(3) classes must exclude the uninjured. Even if the uninjured could be damages class members, the absence of class wide proof of injury defeats
predominance. Circumventing Article III and Rule 23 restrictions on class actions harms American businesses and the economy as a whole.
