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

Recording of a 90-minute CLE video webinar with 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.

Conducted on Thursday, June 30, 2022

Recorded event now available

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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.

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. 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.

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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. 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

Herrington, Robert
Robert J. Herrington
Co-Chair, Class Action Litigation Group
Greenberg Traurig

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false...  |  Read More

McCarthy, Michael E.
Michael E. McCarthy
Shareholder
Greenberg Traurig

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in...  |  Read More

Neary, Robert
Robert Neary
Of Counsel
Kozyak Tropin & Throckmorton

Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and...  |  Read More

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