The Kroger Co. v. Solano

Date: October 5, 2026

RLC’s Position: The RLC’s brief argues that Article III forbids courts from certifying a damages class that includes uninjured members, and even if there were no Article III obstacle, certifying a class defined to include uninjured members would still violate Rule 23.  It also explains the significant practical and policy consequences of allowing courts to certify classes that contain uninjured plaintiffs, including explaining the significant pressure it puts on retailers to settle.

Counsel: Ephraim McDowell, Anna Stapleton & team at Coley LLP drafted the brief.