Bellwether Trials: Evolving Trends in Class Action and Complex Litigation
Strategic Use of Bellwethers by Plaintiffs and Defendants
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, March 25, 2010
Recorded event now available
This CLE webinar will examine recent trends in the use of bellwether trials and provide the plaintiff and defense counsel perspective on litigation strategies for using bellwethers.
Description
Bellwether trials are used in a variety of contexts in complex litigation. They can be used in class action cases before the certification hearing to help the court determine whether common issues predominate.
They are more commonly used in mass tort litigation and multidistrict litigation (MDL) proceedings where a large number of plaintiffs are proceeding on the same legal theory or claim and there is no feasible way to handle the large caseload.
Bellwether trials are valuable for settlement purposes and can help both parties assess the strengths and weaknesses of their cases. Selecting cases for bellwether trials and formulating litigation strategies require thoughtful consideration by both plaintiffs and defendants.
Listen as our panel of litigators discusses current trends in the use of bellwether trials in class action and complex litigation and offers litigation strategies from both the plaintiff and defense perspectives.
Outline
- Overview of application of bellwether trials and trends in use
- Illustrative
- Dispositive
- Preclusive
- Uses in class action litigation
- Uses in mass tort and MDL litigation
- Strategic considerations — plaintiff and defense perspectives
- Defining the common claims of all plaintiffs
- Identification of the variables that affect the claims
- Selecting the groups of bellwether plaintiffs
- When to use
- When to advocate
- Replenishment
- Impact of results
- Due process concerns
Benefits
The panel will review these and other key questions:
- Who selects the bellwether plaintiffs and what are the best ways to divide plaintiffs into representative classes?
- What factors should the parties consider when identifying the variables that affect the claims?
- How do judges use bellwether trials in putative class action cases?
Faculty
John Randall Whaley,
Partner
Neblett Beard & Arsenault, Alexandria, La.
His practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal injury representing victims and consumers injured by the negligence and fraud of others. He is an experienced litigator, having tried many cases and class certification issues in both state and federal courts, as well as having argued in many appellate courts.
Carol R. Prygrosky,
Partner
Schiff Hardin, Chicago
She is a litigation attorney who concentrates her practice primarily in the areas of product liability, personal injury, environmental, and general litigation.
Brent R. Austin,
Partner
Wildman Harrold, Chicago
He concentrates his practice on complex and class action litigation with an emphasis on consumer fraud and consumer protection act class actions, false marketing litigation, complex commercial litigation, civil RICO and antitrust, and product liability class actions. His practice typically involves multidistrict litigation involving industry-wide challenges to products or business practices.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, CO, MO, MT, TX, VT, WA.
Upon request, also available in: CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CO, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
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Customer Reviews
Very informative — one of the best run programs in a plethora of on-line offerings.
Jeff Michelman
Stinson Morrison Hecker
This was an excellent teleconference; one of the best I have listened to. The speakers were all very knowledgeable on the subject, but importantly, they were able to present in a very direct, easy to listen to and understand style.
Jose E Guzman, Jr.
Nossaman
All of the speakers had a wide range of knowledge.
Kimberly Hayes
General Mills
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
The speakers were well versed and kept my attention throughout the program.
Natalie Kossak
Independent Fiduciary Services
Class Action Law Advisory Board
Partner
Reed Smith
Partner
Hagens Berman Sobol Shapiro
Partner
O'Melveny & Myers
Partner
Alston & Bird
Partner
Goldman Scarlato & Karon
Partner
Weinstein Kitchenoff & Asher
Partner
Winston & Strawn
Partner
Edwards Wildman Palmer
Partner
King & Spalding
Professor
Harvard Law School
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