Class Certification Standards and Daubert Analysis in Flux
Obtaining or Defeating Certification in Light of Circuit Courts' Differing Standards
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, July 8, 2010
Recorded event now available
This CLE webinar will provide practitioners with a thorough review of the differing standards that courts apply to class certification motions, the scrutiny courts will give to expert testimony in support of certification, and the impact of the Dukes v. Wal-Mart ruling on Rule 23 class certification standards.
Description
The Ninth Circuit’s ruling in Dukes v. Wal-Mart has resulted in the largest class action ever certified. The court’s ruling further deepens an already wide circuit split on the Rule 23(b)(2) requirements of cohesiveness of class and predominance of injunctive relief.
The Dukes ruling diverges from the growing trend requiring expert testimony at the class certification stage to satisfy Daubert requirements. The Dukes analysis is also quite different than the Seventh Circuit's ruling in Am. Honda Motor decided just weeks earlier.
Dukes may lead to more class actions seeking money damages under Rule 23(b)(2) which does not require a showing that the class action is superior or that common questions predominate. In any event, this case is certain to lead to further battles over the scope of class certification law.
Listen as our authoritative panel of attorneys explains the different standards of review for class certification, the impact of the Dukes and Am. Honda cases, and strategies for obtaining and defeating class certification.
Outline
- Trends and developments in Rule 23 certification standards
- Divergent circuit court standards
- Impact of Dukes v. Wal-Mart
- Obtaining class certification — plaintiff strategies
- Challenging class certification — defense strategies
- Intersection of Daubert and class certification
- Divergent circuit court standards
- Impact of Dukes v. Wal-Mart
- Using Daubert motions to defeat certification — defense strategies
- Defending Daubert challenges at class certification stage — plaintiff strategies
Benefits
The panel will review these and other key questions:
- How are the federal courts currently responding to class certification motions?
- What are the applicable standards for review of expert testimony in class certification proceedings?
- Is the Dukes case a game changer for plaintiffs or can defendants use it to their advantage?
- Will the Dukes case result in more class actions seeking monetary damages but invoking Rule 23(b)(2)?
Faculty
Matthew Shors,
Partner
O'Melveny & Myers, Washington, D.C.
He focuses his practice on the defense of class actions, mass torts, and other aggregate proceedings, both at trial and on appeal. He has represented pharmaceutical manufacturers, energy companies, automobile manufacturers, transportation companies, health-care entities, insurance companies, and telecommunications companies in hundreds of purported state, nationwide, and international proceedings.
Todd L. Nunn,
Partner
K&L Gates, Seattle
His practice emphasizes electronic discovery and document production and class action defense. His class action defense experience includes defense of numerous nationwide and statewide consumer protection class actions. He has also defended government regulation, products liability, environmental, employment and securities class actions.
Steven G. Pearl,
Principal
The Pearl Law Firm, Encino, Calif.
He is an attorney and mediator in Los Angeles, focusing on wage and hour class action litigation and mediation. He is a co-author of "California Wage and Hour Law and Litigation," published by Continuing Education of the Bar (CEB). He authors the California Wage and Hour Law Blog (www.CAWageandHourLaw.blogspot.com) and the Mediation and Negotiation Blog (www.MediationandNegotiation.blogspot.com).
Ordering
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Customer Reviews
The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.
Allyn Z. Lite
Lite DePalma Greenberg, LLC
I was impressed with the examples and the practical applications of the concepts.
Connie Sue Martin
Bullivant Houser Bailey
The speakers were very clear, engaging and thorough.
Eric LaMons
Wilk Auslander LLP
The program provided good legal references, good bullet points and good scope.
Tim Thomas
Kolesar & Leatham
I liked the substance of the program and the ease of participating.
Paul L. Hammann
First American Title Insurance Company
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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