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

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.

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.