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Eleventh Circuit Reverses Certification of Damages Class Masquerading as Injunction Class

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

Be Careful What You Wish for When Asserting Article III Standing Challenges

A recent Seventh Circuit decision should give class action defendants pause before asserting Article III standing challenges. In Collier v. SP Plus Corporation, 889 F.3d 894 (2018), both parties readily acknowledged that the...more

Deepening district court discord on application of Bristol-Myers to class actions highlights need for appellate guidance

District courts continue to split on whether to apply the Supreme Court’s holding in Bristol-Myers, a case limiting personal jurisdiction over non-resident multistate mass tort claimants, to the class action context. This...more

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