"No Injury" Consumer Class Actions

Emerging Litigation Trends and Effective Defense Strategies

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

Conducted on Wednesday, December 12, 2007

Program Materials


"No injury" consumer class actions involve plaintiffs who allege only economic damage caused by purchasing a product they would not have bought if they had known it could cause physical harm.

In September, the New Jersey Supreme Court reversed the nationwide class certification status of claims filed by third-party payors of the prescription drug Vioxx, a win for product manufacturers. Claims involving consumer products from iPod® and Bluetooth® digital devices to pet foods are pending.

State court rulings vary on recognizing plaintiff standing for such suits. CAFA may be the most powerful weapon in the defense arsenal – a district court dismissed a "no injury" case in April, partially because the plaintiffs lacked federal standing under Article III of the U.S. Constitution.

Listen as our panel of experienced class action defense attorneys explores current "no injury" class action lawsuits, recent rulings and settlements, third-party payor issues arising from these suits and the potential use of CAFA to gain dismissal of "no injury" cases.



The panel will review these and other key questions:

  • What circumstances are driving the increase in "no injury" class actions?
  • What settlement strategies have been most successful in "no injury" cases?
  • How might defense counsel best defeat certification in "no injury" cases?
  • What issues should third-party payors consider when settling "no injury" cases?


Dwight J. Davis
Dwight J. Davis
King & Spalding

He is a leading authority in consumer class actions with more than 20 years of experience defending corporations across...  |  Read More

Stephen Harburg
Stephen Harburg
O'Melveny & Myers

He defends corporations in complex litigation matters and has argued no injury cases before several state supreme...  |  Read More

Rick L. Shackelford
Rick L. Shackelford
Jones Day

He has extensive experience in class action defense in federal and state courts, including product liability cases. He...  |  Read More