Highlights from this issue include: 

• Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal courts may certify a Rule 23 damages class that includes both injured and uninjured members but subsequently issued a per curiam decision that the writ of certiorari was dismissed as improvidently granted. Justice Brett Kavanaugh dissented. He held that a federal court may not certify a damages class that includes both injured and uninjured members because in such a case, common questions do not predominate.
• Nationwide Injunctions and Class Actions. The Supreme Court held that nationwide injunctions likely exceed the equitable authority Congress has granted to federal courts. The majority also implied, however, that a “properly conducted class action” could permit certification of nationwide classes when appropriate.