News & Analysis as of

Class Action › FRCP 23(b)(2) › Injunctive Relief

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Ballard Spahr LLP

Supreme Court rejects granting of universal or nationwide injunctions in landmark opinion

Ballard Spahr LLP on

Last Friday, the Supreme Court, in a 6-3 opinion in Trump v. CASA, Inc. covering three separate lawsuits that were consolidated for purposes of argument and decision, held that Federal Courts may not grant a universal...more

BCLP

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

BCLP on

In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

Carlton Fields

Two Days in October Result in Two Different Rulings by District Court Judges in the Southern District of Florida Regarding...

Carlton Fields on

Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act...more

Kilpatrick

Eleventh Circuit Reverses Certification of Damages Class Masquerading as Injunction Class

Kilpatrick on

Takeaway: Injunctive relief is a forward-looking remedy. A damages award compensates for past harm. This dichotomy lies at the heart of the difference between a Rule 23(b)(2) injunctive relief class and a Rule 23(b)(3)...more

Bilzin Sumberg

Knowledge Is Not Power for Class Action Plaintiffs

Bilzin Sumberg on

The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more

Proskauer - Minding Your Business

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

Proskauer - Minding Your Business on

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Proskauer - Advertising Law

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

Proskauer - Advertising Law on

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

Benesch

Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

Benesch on

On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions. The Sixth Circuit joined three other Circuits...more

Seyfarth Shaw LLP

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

Seyfarth Shaw LLP on

Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

Carlton Fields

Third Circuit: Strict Ascertainability Optional for Rule 23(B)(2) Class

Carlton Fields on

Although not explicitly set forth in Rule 23, an essential prerequisite of any action under Rule 23 is that there must be an identifiable “class” at the moment of certification. The shorthand term commonly used to refer to...more

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