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.
- Discussion of recent case law involving Rule 23(b)(2) class actions
- Overview of standards to bring an injunctive class action
- Benefits of bringing injunctive class actions for plaintiffs
- 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?