Bayer Healthcare LLC v. Drake

Date: October 19, 2026

RLC’s Position: The RLC’s brief argues that class certification cannot precede proof of concrete injury and that courts may not use state-law presumptions or an untested damages model to avoid Rule 23 and Article III’s threshold requirements.

Counsel: Candice Wong & team at Fried Frank drafted the brief.

Coalition: U.S. Chamber of Commerce, American Tort Reform Association, Business Roundtable.