America’s Credit Unions, together with a group of federal trade associations, filed an amicus brief in Laboratory Corporation of America Holdings v. Davis, a case where the U.S. Supreme Court will review the Ninth Circuit Court’s earlier decision. The group argued that the Supreme Court's precedent confirms that class members should all be injured to participate and recover damages in a lawsuit. 

The amicus brief argues that including uninjured plaintiffs in a certified class is illegal, unfair, and results in expensive and burdensome litigation that ultimately negatively impacts defendants in lawsuits. In addition, the amicus brief details why certifying a class with uninjured plaintiffs “pads the class, boosts the maximum possible recovery and...increases the likelihood that the case will settle without the standing defect ever being addressed." 

The group further explained that those involved in the amicus brief “...represent just some of the many businesses that operate in highly regulated industries, where an array of statutory schemes invite class actions that threaten ruinous liability over technical violations that cause little to no harm.” 

America’s Credit Unions will update credit unions as the litigation proceeds.