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

This CLE course will discuss the standards for injunctive classes and cover recent judicial decisions on this topic. Our panel will also discuss approaches to Rule 23(b)(2) class actions from both the plaintiff and defense perspectives.

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.