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Class Action Trends Driving High Certification Rates: Key Issues and Defense Strategies

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, April 4, 2024

Recorded event now available

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This CLE webinar, led by the authors of the preeminent review of U.S. class action law, will discuss why the certification rates for class actions remain universally high, what types of cases are less easily certified or likely to be de-certified, and what this means for class action practitioners.


The likelihood of class certification for all types of cases filed in federal court remained high in 2023, but several categories of suits enjoy almost certain certification while other categories hover at 50 percent or lower, and it is hard to account for these differences. Understanding why certification is more or less likely is critical to advising defendants and for plaintiff strategy.

Consumer fraud, civil rights, and privacy class actions have the lowest certification rates, while other large class suits alleging product liability and claims under FCRA, FDCPA, or TCPA have much greater success at certification. Because courts issued more rulings in FLSA collective actions than in any other similar type of action, these cases may offer clues to the relative importance of pleading, identification of plaintiffs' counsel, the nature of claims as statutory or common law, or the effect of certification procedures.

Listen as this nationally renowned panel discusses class action trends and explores what factors may have a greater impact on certification than others in various types of cases.



  1. 2023-2024 class action trends
  2. Review of certification rates
  3. Factors affecting certification
  4. Strategies for leveraging the trends


The panel will discuss these and other important issues:

  • Are claims based on certain areas of law are easier to certify than others?
  • In those areas where certification rates are low, what factors seem to be the most important in preventing certification?
  • Does the sophistication of the law or plaintiffs (institutional antitrust vs. consumer fraud) affect certification?
  • Is certification more prevalent if standards under a governing statute are more bright line?


Maatman, Gerald
Gerald L. Maatman, Jr.

Partner, Chair Workplace Class Action Group
Duane Morris

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most...  |  Read More

Riley, Jennifer
Jennifer A. Riley

Partner, Vice Chair Workplace Class Action Group
Duane Morris

Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She...  |  Read More

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