Highlights from this issue include:

Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for which membership could only be ascertained through a determination of the merits of the case.

Rigorous Analysis. The Seventh Circuit vacated a district court’s order certifying a class of undergraduate students at Bradley University who alleged the university’s closing of its campus, canceling a week of classes, and conducting the remainder of the semester virtually in response to the COVID-19 pandemic resulted in a breach of contract and unjust enrichment.

Rule 23(b)(2) Standing. The Eleventh Circuit vacated a class action settlement because it held the class did not have standing to seek the requested injunctive relief. The class alleged the defendants used false and misleading statements to sell its brain performance supplements under the brand name Neuriva. The class alleged the statements falsely gave consumers the impression that Neuriva and its active ingredients had been clinically tested and proven to improve brain function.

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