For the second time this week, the U.S. Supreme Court has ruled on big-money class actions against businesses, and this one is an even clearer win for business defendants. But today’s decision leaves one very big question still unanswered. The Court’s 5–4 decision in TransUnion LLC v. Ramirez, in an opinion written by Justice Brett Kavanaugh, ruled that people who suffered no injury cannot be members of a class action in federal court. That may sound like an obvious, commonsense position, but it matters a lot to current class-action practice. What the Court did not decide is when exactly a court hearing a class action is supposed to remove the unharmed class members from the case.
Where Is the Harm?
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