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Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants

As the Supreme Court has tightened the requirements for certifying a damages class action in recent years, some plaintiffs' counsel have responded by focusing on class actions seeking injunctive relief, particularly in cases against consumer products companies. A plaintiff does not have to demonstrate predominance or superiority to certify a class under Rule 23(b)(2). But a class action seeking injunctive relief has its challenges: establishing that the named plaintiff has standing.

In the context of a consumer fraud class action, standing can be a particular challenge. A plaintiff seeking injunctive relief must demonstrate that he has suffered or is threatened with a "concrete and particularized" legal harm, coupled with "a sufficient likelihood that he will again be wronged in a similar way."

Listen as our distinguished panel discusses recent case law impacting Rule 23(b)(2) class actions and essential perspectives from both sides on this increasingly-popular type of claim.

  1. Discussion of recent case law involving Rule 23(b)(2) class actions
  2. Overview of standards to bring an injunctive class action
  3. Benefits of bringing injunctive class actions for plaintiffs
  4. Strategies and implications of an injunctive class action for defendants
The panel will review these and other relevant topics:
  • What are the recent judicial decisions regarding Rule 23(b)(2) class actions?
  • What are the standards for bringing an injunctive class action under Rule 23(b)(2)?
  • What are the benefits of bringing an injunctive class action?
  • What are the common defenses to injunctive class actions available to defendants?