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

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


Conducted on Wednesday, June 10, 2020

Recorded event now available

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Program Materials

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

Description

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. To certify a class under Rule 23(b)(2), a plaintiff does not have to demonstrate predominance or superiority. But a class action seeking injunctive relief has its challenges--one of which is 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."

Without a threat of future harm, injunctive relief is not available, and courts have reached different conclusions about whether plaintiffs suing for consumer fraud have standing to seek an injunction. Understanding this split is essential for both the plaintiff and defense counsel to develop the best possible case strategy.

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

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Outline

  1. Discussion of recent case law involving Rule 23(b)(2) class actions
  2. Overview of standards to bring an injunctive class action
  3. Strategies and benefits of bringing injunctive class actions for plaintiffs
  4. Strategies and implications of an injunctive class action for defendants

Benefits

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?

Faculty

Kcehowski, Rebekah
Rebekah Byers (Becky) Kcehowski

Partner-in-Charge
Jones Day

Ms. Kcehowski litigates complex commercial matters in U.S. courts and international tribunals and has 17 years of...  |  Read More

Smith, Holly
Holly Pauling Smith

Partner
Shook Hardy & Bacon

Ms. Smith focuses her practice on class actions and complex litigation. She enjoys developing the factual record needed...  |  Read More

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