Coming soon! Strafford will move to BARBRI Professional Education >

Rule 23 Strategies After Trump v. CASA: Preparing for and Adapting to Changes in Class Action Law

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, September 18, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 22, 2025

or call 1-800-926-7926
Add to your calendar

This CLE webinar will discuss Trump v. CASA Inc., ___ U.S. ___ (June 27, 2025), which recommended the class action mechanism in Federal Rule of Civil Procedure 23 as the most obvious legal alternative to universal injunctions. The panel will review the Court's decision, the concurrences, and the dissents, and the implications of this commentary on class action strategy, as well as provide guidance to counsel representing both plaintiffs and defendants in traditional class actions.

Description

On June 27, 2025, the U.S. Supreme Court decided Trump v. CASA Inc., concluding that if universal relief against non-parties is sought, plaintiffs will have to proceed via class action under Rule 23 or some other analogous mechanism. The concurring opinions of Justices Alito and Thomas flesh out the role of Rule 23 and caution against broadly defined or hastily certified classes, while the dissenters actively encourage class actions.

There can be little doubt that after CASA courts can expect a flood of class actions against the federal government all seeking immediate and expedited relief. The Rule 23 jurisprudence that develops out of these cases—especially on certification—will likely have a significant impact on all class litigation. What motivates the government versus corporate defendants to settle or try the merits may differ greatly. Monetary relief may be of less interest to plaintiffs seeking injunctive relief against a policy or statute. Defense counsel worry about too-easy certification and plaintiff's counsel worry that plaintiff-friendly ambiguities or circuit splits may be resolved.

Listen as our authoritative panel discusses the strategic consequences of Trump v. CASA and provides insights on what this and related cases mean for class action litigants.

READ MORE

Outline

  1. Overview of case and holding
  2. Strategies for class plaintiffs
  3. Strategies for defendants

Benefits

The panel will review these and other important issues:

  • Should litigants monitor pending class actions that encompass their interests?
  • How might Justice Kavanaugh's dissent in Laboratory Corporation of America Holdings v. Davis, cert. dismissed, 605 U.S. ___ (2025), affect class action strategies?
  • What is the difference between Rule 23(b)(2) and 23(b)(3) certification?

Faculty

Ackerman, Wystan
Wystan M. Ackerman
Partner
Robinson & Cole

Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been...  |  Read More

Attend on September 18

Early Discount (through 08/22/25)

Cannot Attend September 18?

Early Discount (through 08/22/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

BARBRI | Strafford

Strafford is Now Part of BARBRI for Professionals!

The same expert-led professional development courses you know and love from Strafford are now part of BARBRI, the trusted global leader in legal education.

Please note that the Strafford website will soon be archived. All programming, account details, and certificates will soon be migrating to our new site at barbri.com/professional-development.

All customers will be notified once this migration has been completed.