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

Conducted on Tuesday, August 30, 2011

Recorded event now available

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Course Materials

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.


The Supreme Court’s watershed Dukes v. Wal-Mart ruling set new standards for Rule 23(a) class certification and provided guidance to the level of merits inquiry appropriate at the certification stage. It also clarified when a claim for monetary relief can be made under Rule 23(b).

While Dukes is a shift in defendants' favor, the Court refused in Smith v. Bayer to curtail relitigation of class actions in parallel state court litigation. Federal courts may not enjoin state courts from considering certification when a federal court has denied certification of the same class.

In Erica P. John Fund v. Halliburton, the Court held that loss causation is not a prerequisite to class certification in a securities action. However, the Court did not address the existing circuit court divergence on whether a court should examine evidence of price impact at the certification stage.

Listen as our authoritative panel of class action litigators discusses the impact of these critical recent Supreme Court rulings on the class certification landscape and how counsel can leverage or mitigate the impact of these rulings in class certification litigation.



  1. Wal-Mart v. Dukes
    1. Rule 23(a) commonality and numerosity
    2. Statistical evidence in support of class certification
    3. Expert testimony in support of class certification
    4. Merits inquiry at class certification stage—Daubert inquiries
    5. Rule 23(b)(2) v. Rule 23(b)(3)
    6. Impact on state class action litigation
  2. Smith v. Bayer
    1. Parallel state proceedings after federal court has denied certification
    2. Impact of CAFA
  3. Erica P. John Fund v. Halliburton
    1. Loss causation
    2. Price impact—divergent circuit court rulings
    3. 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
Carl E. Goldfarb

Boies Schiller & Flexner

His practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or unfair...  |  Read More

Paul G. Karlsgodt
Paul G. Karlsgodt

Baker Hostetler

Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor...  |  Read More

Ann Lipton
Ann Lipton

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

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