Challenging Certification in Employment Class Claims: Leveraging Comcast and Dukes

Strategies for Determining Whether, When and How to Oppose Certification

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, November 26, 2013

Recorded event now available

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Course Materials

This CLE course will provide employers' counsel with an in-depth review of Supreme Court guidance on class certification from Comcast and Dukes. The panel will offer their perspectives and approaches for challenging certification or seeking decertification of a class, including whether, when and how to pursue either.


In Comcast, the Court made clear that plaintiffs must establish class-wide damages at the certification stage. This ruling further adds to the class certification guidance provided in Dukes, wherein the court clarified the depth of inquiry needed to establish a class for certification purposes.

Even as class certification standards become more strict, employers' counsel dealing with multiple claims must understand how to leverage these rulings and their progeny. Counsel must determine whether and when to litigate certification and be armed with the most effective certification challenges.

Our panel will explain approaches for challenging certification and decertifying class claims through the standards established in Dukes, Comcast and their progeny. The panel will provide employers' counsel with strategies for deciding whether and how to challenge certification at each available opportunity.

Listen as our esteemed panel reviews Comcast, Dukes and their progeny and applies their holdings for purposes of challenging certification and seeking decertification. The panel will also outline approaches for advising your corporate clients on whether to proceed with certification litigation or to consider settlement or other negotiation.



  1. Best practices and strategies for using Dukes, Comcast and progeny to your advantage
    1. Seeking decertification
    2. Use of expert testimony and data to challenge class certification
  2. Litigating to obtain decertification
    1. Decertification vs. settlement
  3. Stages of the litigation process to challenge certification or obtain decertification
    1. Motion to “strike” class allegations
    2. Response to a motion for class certification
    3. Motion to reconsider class certification
    4. Rule 23(f) appeal
    5. Motion requiring class counsel to submit a trial plan
    6. Motion to decertify


The panel will review these and other key questions:

  • What are the legal bases for challenging class certification and/or seeking decertification?
  • What are the critical factors to consider in advising clients whether to pursue certification litigation or settle?
  • At what stages of litigation should counsel consider whether to pursue a certification challenge or decertification?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Cleland, A. Craig
A. Craig Cleland

Ogletree Deakins Nash Smoak & Stewart

Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and...  |  Read More

Joel C. Griswold
Joel C. Griswold


Mr. Griswold focuses his practice on disputes involving wage and hour matters under state law and the FLSA,...  |  Read More

Stephen E. Fox
Stephen E. Fox

Fish & Richardson

As chair of the firm’s Employment/Executive Mobility practice group, Mr. Fox's practice focuses on litigation...  |  Read More

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