ARTICLE
5 June 2026

Class Action Decisions Published April 2026

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Shook, Hardy & Bacon

Contributor

Shook, Hardy & Bacon has long been recognized as one of the premier litigation firms in the country. For more than a century, the firm has defended companies in their most substantial national and international products liability, mass tort and complex litigation matters.

The firm has leveraged its complex product liability litigation expertise to expand into several other practice areas and advance its mission of “being the best in the world at providing creative and practical solutions at unsurpassed value.” As a result, the firm has built nationally recognized practices in areas such as intellectual property, environmental and toxic tort, employment litigation, commercial litigation, government enforcement and compliance, and public policy.

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 States Litigation, Mediation & Arbitration
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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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