Ninth Cir. Clarifies Injury Standard in Class-Wide Damages Suits

A consumer who alleged Milliman Inc. provided inaccurate reports to insurance companies must provide evidence of class-wide injury at the summary judgment stage to establish standing for unnamed class members.

But the district court erred in holding that plaintiff James Healy had to provide direct evidence of the alleged injury to survive the risk management firm’s bid for partial summary judgment, the US Court of Appeals for the Ninth Circuit said Friday.

The court reversed and remanded for the district court to determine whether Healy provided enough evidence such that a jury could find class-wide standing.

Healy was denied ...