The U.S. Supreme Court has denied a petition to review a closely watched consumer case, raising speculation among the defense bar that Justice Antonin Scalia’s absence could make it harder to get key class action issues decided.

Direct Digital LLC had petitioned the Supreme Court to overturn a July 28 opinion by the U.S. Court of Appeals for the Seventh Circuit that applied a more liberal standard than other circuit courts in certifying a consumer fraud class action over the glucosamine supplement Instaflex.

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