Defending The 'No-Injury' Class Action

Law360, New York (July 15, 2015, 7:19 AM EDT) -- Plaintiffs and their enterprising counsel often bring class actions targeting a company's nonmonetary policies or practices, asserting that such policies or practices violate consumer protection laws or other state or federal statutes. These class actions may be brought to recover "damages" or, in other instances, they only seek injunctive relief against an allegedly wrongful policy or practice. In virtually all of these cases, the class definition will broadly sweep all of the individuals who may have been exposed to the policy or practice into the putative class. However, in many instances, a significant proportion of absent class members did not suffer or sustain any actual harm, injury or damage as a result of the challenged conduct....

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