Class Certification in Common Defect Cases: Proving or Attacking Commonality After In re Ford Motor Company
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will review pursuing or challenging class certification in cases alleging common defects and the commonality requirement under Federal Rule of Civil Procedure 23 in light of the Sixth Circuit's decision in In re: Ford Motor Co., Case No. 22-0109, 2023 WL 7877971 (6th Cir. Nov. 16, 2023). The panel will discuss lessons from Ford and the ongoing judicial conversation regarding what qualifies as rigorous analysis of the Rule 23 elements. The program will offer strategies about how to demonstrate that allegedly "common" defect issues can or cannot be resolved in the proverbial “one stroke”.
Outline
- Overview of commonality under Rule 23
- Lessons from In re: Ford Motor Co.
Benefits
The panel will discuss these and other key issues:
- What is the standard for determining if a court's Rule 23 analysis is sufficiently rigorous?
- How will Ford affect parties seeking to establish or challenge commonality?
- What are best practices for defense counsel to employ to defeat class certification?
Faculty
Timothy E. Congrove
Partner
Shook, Hardy & Bacon
Mr. Congrove defends businesses in multidistrict litigation, class actions and other complex cases. He has successfully... | Read More
Mr. Congrove defends businesses in multidistrict litigation, class actions and other complex cases. He has successfully and efficiently managed large-scale, high-stakes cases involving a variety of claims and liability theories, including product liability, toxic tort, medical monitoring and consumer fraud. Mr. Congrove’s clients include national and international companies in the consumer goods, retail and chemical industries, among others. He serves as national product liability counsel to Philip Morris USA.
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John E. Tangren
Partner
DiCello Levitt
Mr. Tangren maintains a national practice in consumer class action litigation, with vast experience in the field of... | Read More
Mr. Tangren maintains a national practice in consumer class action litigation, with vast experience in the field of automotive defect litigation. He has represented plaintiffs in class actions and multidistrict litigation over defective power steering systems, cooling tubes, tailgates, and sudden unintended acceleration. Mr. Tangren also experienced in antitrust class actions and in federal appeals. He is frequently asked to speak on topics relating to class action litigation.
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Ryan Wu
Partner
Capstone Law
Mr. Wu is primarily responsible for complex motion work and supervising court approval of class action settlements. He... | Read More
Mr. Wu is primarily responsible for complex motion work and supervising court approval of class action settlements. He handles many of the most challenging legal issues facing Capstone’s clients, including the scope and operation of PAGA, contested attorneys’ fees motions, responding to objectors, and high-impact appeals.
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