Standing Tall: Wrangling Article III Issues in Class Actions

October 23, 2025
Intelligence That Works

Jeffrey Klenk will join the panel “Standing Tall: Wrangling Article III Issues in Class Actions” at the American Bar Association (ABA) Litigation Section’s 2025 Class Actions National Institute. Panelists will explore the evolving law of Article III standing in class actions, with a focus on recent Supreme Court developments and emerging circuit splits.

Mr. Klenk will offer an economist’s perspective on how economic modeling intersects with standing and injury in class action litigation; how economists measure market-wide and the limitations of identifying individual injury; whether reliable models can estimate zero damages for some class members despite broad harm; and practical challenges of individualized injury and statistical uncertainty in modeling.

Key legal topics will include:

  • when Article III standing matters in class actions
  • implications of the Supreme Court’s decision in LabCorp v. Davis
  • emerging circuit splits and jurisdictional uncertainty
  • strategic approaches
  • cases to watch for potential Supreme Court review

BRG is a proud sponsor of the ABA Litigation Section.

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