Tag Archives: injunctive relief

Second Circuit: Notice Required When Damages Not “Incidental” in a Rule 23(b)(2) Class

By Rand L. McClellan on August 27, 2012 Posted in Rule 23(b)(2) Class Actions, Settlements

Editors’ Note: This article originally appeared as a “Client Alert” from Baker’s Class Action Defense team. Pointing out pitfalls in structuring enforceable class settlements, the Second Circuit Court of Appeals recently found that an absent class member’s claims were not barred by a prior settlement in a Rule 23(b)(2) class where monetary relief was not … Continue Reading

Thoughts on Class Actions After Wal-Mart Stores, Inc. v. Dukes

By Katayoun Donnelly on February 25, 2012 Posted in Rule 23 Requirements

After the Supreme Court’s decision in Wal–Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) was announced, many believed class certification of employment classes or Rule 23b(2) classes would be a thing of the past. Developments after Dukes, however, demonstrate that, to the contrary, courts have found ways to avoid the impact of Dukes. Dukes … Continue Reading