The Fifth Circuit recently upheld certification of a Rule 23(b)(2) class where the plaintiffs sought only injunctive relief, and the court squarely rejected a rule against “fail-safe” class definitions that other circuits have adopted. Although this case involved relatively unique issues, this decision is significant in that it is a relatively plaintiff-friendly decision from a
Injunctions
Insights from the ABA 2011 National Institute on Class Actions – Part 1
By Wystan Ackerman on
Posted in Injunctions, Seminars/Programs
I recently attended the ABA’s 2011 National Institute on Class Actions. I will try to highlight here what I saw as key points that either I had not heard before or provided an interesting new twist on an important issue. I’ll split this up into several posts because there is a fair amount to discuss. …