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ARTICLE · 05 JUNE 2026

Class Action Decisions Published April 2026

Shook, Hardy & Bacon LLP
Shook, Hardy & Bacon LLP
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Two federal appellate courts issued significant rulings on class action procedures: the Ninth Circuit addressed intervention rights after settlement of injunctive relief claims, while the D.C. Circuit clarified standing requirements for Rule 23(b)(2) class-wide relief. These decisions provide important guidance on procedural aspects of class action litigation in federal courts.

United StatesLitigation, Mediation & Arbitration
Mitchell F. Engel
Mitchell F. Engel

Highlights from this issue include: 

  • Intervention. The U.S. Court of Appeals for the Ninth Circuit held that after the district court denied a motion to certify a Rule 23(b)(3) damages class, and the class reached a settlement in principle on a Rule 23(b)(2) injunctive relief class-wide basis, a group of absent class members could not intervene to appeal the Rule 23(b)(3) decision.
  • Article III Standing and Rule 23(b)(2). The U.S. Court of Appeals for the D.C. Circuit held that courts may award class-wide injunctive or declaratory relief under Rule 23(b)(2) so long as one member of the class has standing.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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