Using Class Action Trial Plans and Other Pretrial Filings to Influence Certification

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

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Conducted on Tuesday, November 10, 2015

Recorded event now available

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Course Materials

This CLE course will examine how class action litigators—plaintiff and defense—can use various pretrial filings, including trial plans, preliminary motions and discovery plans, to increase their likelihood of success at class certification.


Courts are increasingly requesting trial plans from plaintiffs’ counsel before they rule on class certification. Trial plans outline how the plaintiffs intend to proceed, including whether claims will be bifurcated, what issues will be presented for class-wide adjudication, and when evidence will be presented.

Trial plans can be an effective strategic tool for both sides to demonstrate whether common issues predominate, whether class litigation is more efficient than individual litigation, and, by extension, the parties’ likelihood of success and the case’s value for purposes of settlement.

Listen as our authoritative panel discusses plaintiff and defense perspectives on how to leverage trial plans and other pretrial filings throughout the course of class action litigation to increase your client’s chances of success.



  1. Pre-suit strategies with trial in mind
  2. Motions to dismiss or strike with trial in mind
  3. Discovery strategies with trial in mind
  4. Certification/decertification strategies with trial in mind
  5. Summary judgment strategies with trial in mind
  6. Expert testimony, statistical sampling and averaging
  7. Trial plans – plaintiff and defense perspectives
  8. Potential impact of Tyson Foods Inc. v. Bouphakeo, No. 14-1146, 83 U.S.L.W. 3765 (June 8, 2015)
  9. Potential impact of anticipated amendments to the Federal Rules of Civil Procedure


The panel will review these and other key issues:

  • What are the key components of an effective trial plan?
  • What are defendants’ goals when seeking to compel the submission of a trial plan?
  • What strategies have been effective for plaintiff and defendants when seeking to use trial plans?


Michael P. Daly
Michael P. Daly

Drinker Biddle & Reath

Mr. Daly defends class actions involving issues such as advertising, labeling, billing, credit reporting, debt...  |  Read More

Jackson, Todd
Todd Jackson

Feinberg Jackson Worthman & Wasow

Mr. Jackson represents employees in class action cases involving overtime pay, pension benefits and employment...  |  Read More

Stephen A. Loney, Jr.
Stephen A. Loney, Jr.

Hogan Lovells

Mr. Loney’s practice focuses on complex and high-value commercial litigation. He has extensive experience...  |  Read More

Adam W. Hansen, Esq.
Adam W. Hansen, Esq.

Nichols Kaster

Mr. Hansen represents clients in a variety of contexts, including discrimination, retaliation, harassment,...  |  Read More

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