WLF Asks High Court to Decertify Class Action in which Lower Courts Erroneously “Presumed” Harm to Many Class Members

On April 8, 2015, Washington Legal Foundation filed a brief in Dow Chemical Co. v. Industrial Polymers, Inc., arguing that class certification based on a presumption of injury violates Article III of the U.S. Constitution by relieving plaintiffs of their burden to show a concrete injury to all class members.