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

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, September 18, 2025
- 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 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.
Faculty

Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. He has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.
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.
Outline
I. Overview of case and holding
II. Strategies for class plaintiffs
III. 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?
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