Beyond Predominance: Alternative Arguments Against Class Certification
Leveraging the Latest Court Decisions to Challenge Class Membership and Defeat Certification
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss various avenues for opposing class certification beyond Rule 23(b)(3)'s predominance requirement, including arguments related to ascertainability, typicality/adequacy, standing, and personal jurisdiction.
Outline
- Ascertainability
- Typicality and adequacy
- Article III standing
- Personal jurisdiction
Benefits
The panel will review these and other key topics:
- The federal circuit split on the ascertainability requirement
- Litigation strategies for challenging typicality and adequacy
- Different approaches to applying Spokeo v. Robins and Ramirez v. TransUnion L.L.C.
- Explore different approaches to absent members and personal jurisdiction
Faculty

Nina R. Rose
Partner
Skadden Arps Slate Meagher & Flom
Ms. Rose has extensive experience defending consumer fraud and false advertising class actions and product liability... | Read More
Ms. Rose has extensive experience defending consumer fraud and false advertising class actions and product liability cases. She has helped companies achieve victories on motions to dismiss, at summary judgment and at the class certification stage of litigation. She has also been involved in a number of successful class action appeals. She has written and spoken on strategies for disposing of class claims at the pleading stage, the role of expert witnesses at class certification, and other class action developments.
Close
Jordan M. Schwartz
Counsel
Skadden Arps Slate Meagher & Flom
Mr. Schwartz represents clients in purported class actions, multidistrict litigation and mass tort proceedings in... | Read More
Mr. Schwartz represents clients in purported class actions, multidistrict litigation and mass tort proceedings in federal and state courts.
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Geoffrey M. Wyatt
Partner
Skadden Arps Slate Meagher & Flom
Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that... | Read More
Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that focuses on global litigation strategy and law and motions practice in coordinated proceedings in federal and state courts. Mr. Wyatt has participated in the day-to-day management of multidistrict proceedings encompassing tens of thousands of cases, and has represented clients in several bellwether mass tort personal injury suits.
CloseEarly Discount (through 04/21/23)
Cannot Attend May 18?
Early Discount (through 04/21/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.