Class Certification After Dukes, Bayer and Halliburton Rulings
Leveraging New Supreme Court Standards to Obtain or Defeat Class Certification
Recording of a 90-minute CLE webinar with Q&A
This CLE course will analyze three key Supreme Court rulings—Dukes,Bayer and Halliburton—and their impact on current class certification jurisprudence. The panel will discuss how plaintiff and defendant counsel can best leverage or overcome the impact of these rulings in certification proceedings.
- Wal-Mart v. Dukes
- Rule 23(a) commonality and numerosity
- Statistical evidence in support of class certification
- Expert testimony in support of class certification
- Merits inquiry at class certification stage—Daubert inquiries
- Rule 23(b)(2) v. Rule 23(b)(3)
- Impact on state class action litigation
- Smith v. Bayer
- Parallel state proceedings after federal court has denied certification
- Impact of CAFA
- Erica P. John Fund v. Halliburton
- Loss causation
- Price impact—divergent circuit court rulings
- Burden of proof of price impact
The panel will review these and other key questions:
- What impact will Dukes have on the use of statistics and expert testimony in support of class certification?
- How will commonality and numerosity be applied after Dukes?
- What guidance, if any, does the Bayer case provide regarding relitigating competing class actions where class certification has already been granted?
- In light of Halliburton, should a district court examine evidence of price impact at the class certification stage, and if so, who has the burden of proof?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Carl E. Goldfarb
Boies Schiller & Flexner
His practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or unfair... | Read More
His practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or unfair competition claims. He specializes in class action litigation, representing both plaintiffs and defendants. He was co-counsel in the Erica P. John Fund, Inc. v. Halliburton case before the U.S. Supreme Court where he led the briefing at both the petition and merit stages.Close
Paul G. Karlsgodt
Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor... | Read More
Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor and contributor to www.ClassActionBlawg.com, which covers a variety of class-action issues. He has represented major insurers and other FORTUNE 500 companies in nationwide and statewide consumer class action lawsuits and related litigation across the United States.Close
Bernstein Litowitz Berger & Grossmann
Her practice focuses on complex commercial and appellate litigation. She drafted an amicus brief in the Erica P. John... | Read More
Her practice focuses on complex commercial and appellate litigation. She drafted an amicus brief in the Erica P. John Fund v. Halliburton case and is intimately familiar with that litigation.Close