Highlights from this issue include:
- Mootness and the Inherently Transitory Exception. The Sixth Circuit held that when analyzing a putative class action, the “inherently transitory” exception to the mootness doctrine applies when (1) the injury is so transitory that it would likely evade review by becoming moot before the district court can rule on class certification and (2) it is certain other class members are suffering the same injury.
- American Pipe tolling. The First Circuit held the American Pipe tolling doctrine did not apply after it was clear a previously filed putative class action was no longer proceeding as a class action.
- Mootness and Injunctive Relief. The Second Circuit held a class satisfied Rule 23(b)(2) requirements when it was clear the proposed injunctive relief swept broadly enough to satisfy each class member because even if some class members started receiving effective medication after the promulgation of a new policy, they might still, absent injunctive relief, be subject to further action by the same defendants depriving them of proper medication.
