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Rule 23 Strategies After Trump v. CASA: Preparing for and Adapting to Changes in Class Action Law

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 18, 2025

Recorded event now available

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This CLE webinar will discuss Trump v. CASA Inc., ___ U.S. ___ (June 27, 2025), which recommended the class action mechanism in Federal Rule of Civil Procedure 23 as the most obvious legal alternative to universal injunctions. The panel will review the Court's decision, the concurrences, and the dissents, and the implications of this commentary on class action strategy, as well as provide guidance to counsel representing both plaintiffs and defendants in traditional class actions.

Description

On June 27, 2025, the U.S. Supreme Court decided Trump v. CASA Inc., concluding that if universal relief against non-parties is sought, plaintiffs will have to proceed via class action under Rule 23 or some other analogous mechanism. The concurring opinions of Justices Alito and Thomas flesh out the role of Rule 23 and caution against broadly defined or hastily certified classes, while the dissenters actively encourage class actions.

There can be little doubt that after CASA courts can expect a flood of class actions against the federal government all seeking immediate and expedited relief. The Rule 23 jurisprudence that develops out of these cases—especially on certification—will likely have a significant impact on all class litigation. What motivates the government versus corporate defendants to settle or try the merits may differ greatly. Monetary relief may be of less interest to plaintiffs seeking injunctive relief against a policy or statute. Defense counsel worry about too-easy certification and plaintiff's counsel worry that plaintiff-friendly ambiguities or circuit splits may be resolved.

Listen as our authoritative panel discusses the strategic consequences of Trump v. CASA and provides insights on what this and related cases mean for class action litigants.

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Outline

  1. Overview of case and holding
  2. Strategies for class plaintiffs
  3. Strategies for defendants

Benefits

The panel will review these and other important issues:

  • Should litigants monitor pending class actions that encompass their interests?
  • How might Justice Kavanaugh's dissent in Laboratory Corporation of America Holdings v. Davis, cert. dismissed, 605 U.S. ___ (2025), affect class action strategies?
  • What is the difference between Rule 23(b)(2) and 23(b)(3) certification?

Faculty

Apatov, Joe
Joseph A. (Joe) Apatov

Member
McGlinchey Stafford

Mr. Apatov litigates on behalf of financial services clients in both state and federal courts, with an emphasis on...  |  Read More

Neary, Robert
Robert Neary

Partner
Kozyak Tropin & Throckmorton

Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and...  |  Read More

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