Bethany Kristovich Quoted in Law.com and Triad Business Journal on Supreme Court’s Decision Not to Address Critical Class Certification Question

Munger, Tolles & Olson Partner Bethany Kristovich was quoted in Law.com’s recent article titled, “Critical Mass With Law.com’s Amanda Bronstad: What’s Next After SCOTUS Scraps LabCorp? Pfizer Hopes Federal Preemption Will Diminish Depo-Provera Cases” and Triad Business Journal’s article titled, “Supreme Court backs off class-action case involving Labcorp, leaving legal questions unresolved.”

The articles discuss the U.S. Supreme Court’s decision not to hear an important case closely watched in legal circles, involving significant procedural issues in class action lawsuits. The case, Laboratory Corporation of America Holdings v. Davis, raises a critical question relating to class certification: Can a class be certified if certain class members have not suffered any injury and therefore lack Article III standing?

Reversing course, the Court issued an order on June 5, 2025, dismissing its earlier decision agreeing to hear the case on appeal. Bethany notes that federal appellate courts are currently divided on this question and practitioners would have benefitted from the clarity a Supreme Court ruling could have provided.

“From a practitioner’s perspective, it is too bad that the Supreme Court dismissed the appeal,” she said. “This is an issue where there is a divergence of approaches across circuits, and litigants could have benefitted from guidance. The court may take up the question in a future matter.”

Read the Law.com article. (Subscription may be required)

Read the full Triad Business Journal article. (Subscription may be required)