Bellwether Trials: Evolving Trends in Class Action and Complex Litigation

Strategic Use of Bellwethers by Plaintiffs and Defendants

A live 90-minute CLE webinar/teleconference with interactive Q&A


Thursday, March 25, 2010 (13 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE seminar 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

  1. Overview of application of bellwether trials and trends in use
    1. Illustrative
    2. Dispositive
    3. Preclusive
    4. Uses in class action litigation
    5. Uses in mass tort and MDL litigation
  2. Strategic considerations — plaintiff and defense perspectives
    1. Defining the common claims of all plaintiffs
    2. Identification of the variables that affect the claims
    3. Selecting the groups of bellwether plaintiffs
    4. When to use
    5. When to advocate
    6. Replenishment
    7. Impact of results
    8. 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

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

Registration for Live Event

You may invite an unlimited number of staff on one connection at your location. Additional connections or locations for this conference can be purchased at 25% off.

Non-profit and government attorneys, law students and professors get $50 off the regular or early registration price. Call to take advantage of this offer.

Registration $297.00

Registration & CLE Processing $362.00


CLE on Live Event

Continuing Legal Education credit processing is available for an additional $65 per person per state in states where webinars and teleconferences are accredited.

This webinar is eligible for at least 1.5 general CLE credits, depending on state rules.

You may register for CLE credit processing before or after a program (application deadlines vary by state).  Exceptions: Pennsylvania attorneys must pre-register for CLE. Maine and Alabama attorneys please call 1-800-926-7926 ext. 10 for special instructions.

CLE credits are not available for DE, IN, KS, OH, and PR or for NY attorneys admitted within the last 2 years.

CLE Processing $65.00

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, 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. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten 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

CLE Processing on Recorded Event $65.00


Registration Plus Recorded Event

Any recorded version purchased with live program registration is only $75.

Registration & Webinar Download $372.00

Webinar Download (Slide Presentation with Audio) Only $75.00 with Registration/Webinar Combo

Registration & MP3 $372.00

MP3 Download (Audio with Slide PDFs) Only $75.00 with Registration/MP3 Combo

Registration & DVD $372.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $75.00 with Registration/DVD Combo

Registration & CD $372.00 plus $9.45 S&H

CD (Audio with Slide PDFs) Only $75.00 with Registration/CD Combo

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

I liked the different speaker perspectives.

Gina Fama

Standard Chartered Bank

The speakers were well versed and kept my attention throughout the program.

Natalie Kossak

Independent Fiduciary Services

Very good.  Gave me exactly what I wanted.  The questions I emailed in were handled thoroughly.

James J. Long

Briggs & Morgan

I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.

Andrew Lillie

Hogan & Hartson

Content was superb.

Patrick Webb

Webb & Carey

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Partner

Goldman Scarlato & Karon

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Winston & Strawn

Michael McCluggage

Partner

Wildman Harrold

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School