"No Injury" and "Overbroad" Consumer Class Actions: Strategies to Pursue or Defend Class Certification

Navigating Complex Issues of Overbreadth and Damages in Consumer Product Cases

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, October 7, 2015

Recorded event now available

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Course Materials

This CLE course will review the latest case law trends impacting “no injury” and “overbroad” consumer class actions. The panel will outline approaches for plaintiff and defense counsel to leverage these trends in pursuing or defending class claims.


Plaintiff attorneys are increasingly pursuing class claims against product manufacturers that allege misrepresentations of product features or performance. Many of these cases are defended with challenges to class member standing based upon the contention that few, if any, class members have suffered an actual injury from the alleged defective product.

The U.S. Supreme Court made it harder for plaintiffs to obtain class certification in “no injury” and “overbroad” class actions in its Comcast v. Behrend decision. Since Comcast, several circuit court decisions have addressed “no injury” and “overbroad” consumer class claims, including Glazer v. Whirlpool Corp. and Butler v. Sears Roebuck & Co. & Neale v. Volvo Cars of North America.

In Oct. 2015, the Supreme Court will hear Robins v. Spokeo Inc., which will address whether consumers can establish Article III standing without actual harm or injury, based on a bare violation of a federal statute. The court’s decision will have a significant impact on consumer class actions going forward.

Listen as our authoritative panel of class litigators analyzes the impact of the most recent court rulings on class certification in “no injury” and “overbroad” consumer cases.



  1. Impact of major court decisions on litigating “no injury” and “overbroad” class actions
  2. Considerations for plaintiff’s counsel in future consumer product class actions
  3. Considerations for defense counsel in future consumer product class actions


The panel will review these and other key issues:

  • How have recent court decisions impacted class certification in “no injury” and “overbroad” consumer claims?
  • What strategies should class counsel implement when seeking to certify or challenge certification in consumer product claims in light of recent and pending cases?
  • Will recent decisions on “no injury” or “overbroad” class actions promote issues classes?


Frederick S. Longer
Frederick S. Longer

Levin Fishbein Sedran & Berman

Mr. Longer specializes in representing plaintiffs in complex personal injury and class action cases on both a local and...  |  Read More

Jessica D. Miller
Jessica D. Miller

Skadden Arps Slate Meagher & Flom

Ms. Miller has broad experience in the defense of purported class actions and other complex civil litigation with a...  |  Read More

Wyatt, Geoffrey
Geoffrey M. Wyatt

Skadden Arps Slate Meagher & Flom

Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that...  |  Read More

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