ICLG Class and Group Actions Laws and Regulations 2022

Robin Cantor, Andreas Groehn, Shireen Meer, and Kelly Lear Nordby wrote the chapter “Monitoring and the Status of Uninjured Plaintiffs in Class Actions.” They discuss how the subject of uninjured plaintiffs continues to receive attention from the courts and the recent US Supreme Court decision in TransUnion solidified the focus for significant areas of class action litigation.

Economic questions regarding injured and uninjured plaintiffs have turned on the role of monitoring, whereby uninjured plaintiffs may be organized as a class to detect or rule out current or future injuries for which they could be compensated. In this chapter, we consider how monitoring and mechanisms related to its function have become an important but constrained component in class certification decisions regarding data privacy, antitrust, and torts related to toxic exposures.

This article was first published in ICLG’s Class and Group Actions 2022.