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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, June 30, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in financial institutions, construction, real estate, privacy and appellate litigation. Mr. McCarthy represents companies in a variety of industries, including retail, consumer products and financial services.

Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and multi-district litigation, representing plaintiffs in fraud and deceptive trade practices, tort, and product liability claims. He has litigated actions in both Federal and State courts and has also litigated matters before the Financial Industry Regulatory Authority (FINRA).
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.
Outline
- Discussion of recent case law involving Rule 23(b)(2) class actions
- Overview of standards to bring an injunctive class action
- Benefits of bringing injunctive class actions for plaintiffs
- 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?
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