Bifurcated Discovery in Class Litigation: Navigating the Blurred Lines Before and After Certification
Evaluating "Merits Discovery" vs. "Class Discovery," Addressing Damages Issues, Preparing Defendants for Depositions When Bifurcation is Permitted
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine how class litigators and the courts are addressing the issue of bifurcated discovery in class litigation, the tricky issues raised by separating class discovery from merits discovery, and strategies for plaintiff and defense counsel to successfully obtain or oppose discovery bifurcation.
- Defining "merits discovery" vs. "class discovery"
- Recent case trends regarding bifurcating discovery in class litigation
- Dealing with damages issues in light of Comcast—appropriate for class discovery or merits discovery?
- Preparing corporate defendants for depositions when discovery is bifurcated
- Determining whether and how to use absent class member discovery
The panel will review these and other key questions:
- Under what circumstances might defense counsel seek bifurcation of discovery in class litigation?
- In what types of cases might merits discovery be helpful during class certification?
- What arguments are plaintiffs' counsel making to oppose bifurcation?
- In the wake of Comcast, is the determination of damages now an issue for class discovery rather than merits discovery?
- What impact does bifurcating discovery have on how defense counsel prepares corporate defendants for depositions?
- When and how should defense counsel seek discovery of absent class members?
Jennifer L. Liu
Outten & Golden
Ms. Liu represents employees in litigation and negotiation in all areas of employment law, with a focus on executive... | Read More
Ms. Liu represents employees in litigation and negotiation in all areas of employment law, with a focus on executive and professional contracts and compensation, and wage and hour and employment discrimination class actions.Close
Katherine F. Murray
Ms. Murray concentrates her practice on complex business litigation matters. She has significant experience litigating... | Read More
Ms. Murray concentrates her practice on complex business litigation matters. She has significant experience litigating consumer class actions spanning a range of industries, with an emphasis on food, cosmetic and consumer electronics companies. Ms. Murray has tried jury trials through verdict, and has authored and argued dozens of motions at all stages of the litigation process.Close