Analyzing the Circuit Courts' Distinct Approaches
CD of Teleconference with Q&A
Click here for program outline
Conducted on Thursday, September 11, 2008
Now available on CD
Sponsored by Class Action Law Monitor
and the Legal Publishing Group of Strafford Publications
Decisions issued by the First, Second, Fifth and Ninth Circuits in recent months address the standard of review that courts apply to class certification motions. While four of the decisions suggested more rigorous standards for obtaining Rule 23 certification, one required less stringent criteria.
The extent to which courts may inquire into the merits of the case during the certification hearing significantly impacts whether a case will progress as a class action. However, the U.S. Supreme Court has provided little guidance on how much evidence courts can consider at this stage of the case.
Listen as our panel of class action attorneys — both plaintiff and defense — examines the federal circuit courts’ varying standards of review for certification and their impact on future cases as well as strategies for obtaining and defeating class certification.
The panel included:
Steve W. Berman, Managing Partner, Hagens Berman Sobol Shapiro, Seattle. He has served as lead or co-lead plaintiffs' counsel in class actions and complex litigations throughout the country, obtaining multimillion-dollar settlements for his clients.
Thomas L. Allen, Partner, Reed Smith, Pittsburgh. He has over 25 years experience defending clients in complex litigation, including defending more than 75 class actions throughout the U.S. He has published and lectured on complex litigation topics.
Brian Boyle, Partner, O'Melveny & Myers, Washington, D.C. He focuses on consumer class actions, representing corporations in the insurance, healthcare, financial services and automotive industries.
The panel reviewed these and other key questions:
- How are the Circuit Courts currently addressing class certification motions?
- What strategies have been effective for plaintiffs' counsel seeking class certification?
- What practices should defense counsel use to effectively defeat certification?
TELECONFERENCE CD
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