On March 24, 2025, WLF asked the Ninth Circuit to reverse a trial court decision that failed to require common proof of harm for class certification. Rule 23 allows class actions only when the claims share common legal elements capable of common proof. The class-action plaintiffs here accused the defendant of falsely labeling its multivitamins as “natural.” But they failed to show in one stroke that consumers were misled or harmed. Despite this, the district court certified the class without evidence of class-wide injury. In its amicus brief urging reversal of the district court’s class certification order, WLF argues that no-injury class actions distort the legal system and encourage meritless litigation. These cases create unnecessary legal costs and raise consumer prices.
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