Certifying Novel "Negotiation" Classes Following In re National Opioid Litigation
Employing Negotiation Classes in Future Cases and Multiple Jurisdictions
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss why the Sixth Circuit's rejection of a novel "negotiation class" in In re National Prescription Opiate Litig. (Sept. 24, 2020) is far from the last word on negotiation classes and will explore the roadmap to certification set out in the dissent. Plaintiffs in the opioid litigation are seeking en banc review and may be headed to the Supreme Court. The program will also discuss the role of strict construction and "plain language" tools in this and other surprising class action decisions.
- History of settlement class actions as a judicial creation
- The majority's reasoning
- The dissent's arguments
- Best practices and strategies for future "negotiation" classes
The panel will review these and other issues:
- What is a negotiation class?
- Does a negotiation class differ from a settlement class?
- What protections can be offered to plaintiffs?
- What kinds of claims are most suited for this novel theory?
- Can the plaintiff cure some of the problems relied on by the majority decision from the Sixth Circuit?
Linda H. Martin
Freshfields Bruckhaus Deringer
Ms. Martin has extensive experience resolving complex and cross-border commercial disputes across a broad range of... | Read More
Ms. Martin has extensive experience resolving complex and cross-border commercial disputes across a broad range of industries and practice areas, and in all stages of business dispute resolution, including litigation, arbitration and mediation. Based in New York, she appears regularly in federal, state and bankruptcy courts across the United States.Close
to be announced.
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