Class Action and Limits on Federal Judicial Power: Demonstrating Insufficient Case or Controversy, Mootness, and Remedy
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide class action counsel in battles over whether the court has jurisdiction to hear the case in the first place, whether post-pleadings, pre-class certification actions can strip the court of authority to decide the case, and whether courts may approve cy-pres-only settlements in a class action. The panel will discuss Article III standing, the effect of uninjured class members on standing and class certification, if, and how, defendants may use Rule 68 offers of judgment to moot claims of class representatives before class certification, and courts’ authority and willingness to approve settlements under which plaintiffs receive no direct compensation or other remedy.
- Article III standing and concrete injury-in-fact
- Uninjured class members, class certification, and standing
- Mootness and absence of controversy
- Cy pres settlements and remedy-less cases
The panel will review these and other current issues:
- What constitutes a sufficiently concrete injury-in-fact to satisfy Article III standing requirements?
- How does the existence of uninjured class members impact Article III standing and Rule 23 class certification?
- What happens in a case where the plaintiff seeks liquidated damages, and the defendant makes a Rule 68 offer of the entire amount the plaintiff could recover, including costs, fees, and interest?
- Does an unaccepted Rule 68 offer of full compensation render a class representative's claim moot?
- What happens if a class representative accepts a pre-class certification Rule 68 offer of judgment?
- Under what circumstances will courts approve or reject cy-pres-only settlements or provisions calling for cy pres payments of unclaimed funds in a class action settlement?
Steven P. Benenson
Porzio Bromberg & Newman
For over 35 years, Mr. Benenson has defended public and private companies in high stakes class actions, business,... | Read More
For over 35 years, Mr. Benenson has defended public and private companies in high stakes class actions, business, commercial and product liability litigations in trial and appellate courts across the country. His class action experience includes serving as national counsel to a public title company, co-counsel to the world’s largest distributor of medical products, lead counsel to a top sports apparel manufacturer and the world’s largest manufacturer of eye wear and co-counsel to one of the largest public self storage REITs. Mr. Benenson has structured multi-subclass and tiered settlements containing cy pres awards and reverters through mediation and with the assistance of valuation experts that have withstood objections and received court approval. He is a frequent lecturer and author on class action topics.Close
Michael J. Mueller
Hunton Andrews Kurth
Mr. Mueller has more than 33 years of experience with class actions and other complex cases, including wage-hour class... | Read More
Mr. Mueller has more than 33 years of experience with class actions and other complex cases, including wage-hour class actions, consumer products class actions, racketeering (RICO), and labor disputes with unions and employee groups.Close
Robert W. Sparkes, III
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking,... | Read More
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking, mortgage lending and consumer financial services institutions in consumer class actions and individual litigation matters in federal and state courts throughout the U.S. He also has experience representing a variety of other corporate and individual clients in contract, tort, class action, consumer protection and other general business litigation matters.Close