Class To High Court: Question On Certification Should Be Dismissed Or Affirmed

( April 3, 2025, 8:18 AM EDT) -- WASHINGTON, D.C. — A question on whether a class containing uninjured members may be certified should be dismissed as improvidently granted or affirmed, a class of visually impaired consumers argue in their respondent brief filed in a U.S. Supreme Court appeal over the accessibility of kiosks; but if it is considered, the justices should find that Federal Rule of Civil Procedure 23(b)(3) “requires courts to ask whether there is an administratively feasible way to identify uninjured members and bar them from recovery,” the consumers argue....