Earl v. The Boeing Co.

U.S. Court of Appeals for the Fifth Circuit

Tab Group

Merits Stage

Fifth Circuit reverses class certification and remands with instructions to dismiss for lack of Article III standing

November 21, 2022

Click here to view the opinion.

U.S. Chamber files amicus brief urging the Fifth Circuit to hold that district courts must consider the Article III standing of absent class members and conduct rigorous ascertainability analysis before certifying class actions

January 14, 2022

Click here to view the brief. Scott A. Keller, Steven P. Lehotsky, Jonathan D. Urick, and Katherine C. Yarger of Lehotsky Keller LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Fifth Circuit grants Rule 23(f) petition

September 30, 2021

The Fifth Circuit granted a Rule 23(f) petition to consider a class certification order that failed to require the named plaintiffs to establish that a putative class is ascertainable and that the unnamed class members have Article III standing at the class certification stage.

U.S. Chamber files amicus brief urging Fifth Circuit to hold that named plaintiffs must establish both that a putative class is ascertainable and that the unnamed class members have Article III standing at the class certification stage

September 24, 2021

Case Documents

U.S. Chamber Amicus Brief -- Earl v. The Boeing Co. (Fifth Circuit).pdf

Order Granting Leave to Appeal -- Earl v. The Boeing Co. (Fifth Circuit).pdf

U.S. Chamber Amicus Brief II -- Earl v. The Boeing Co. (Fifth Circuit).pdf

Opinion -- Earl v. The Boeing Co. (Fifth Circuit).pdf