Class Certification: Guidance From Olean v. Bumble Bee on Expert Testimony, Uninjured Class Members, Standing
Ongoing Implications of the Ninth Circuit's Groundbreaking En Banc Decision
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the implications arising from the Ninth Circuit's en banc decision in Olean Wholesale Grocery v. Bumble Bee Foods, 31 F.4th 651 (9th Cir. 2022), addressing numerous important class certification issues. The program will address Olean’s critical holdings regarding the evidentiary burden under Rule 23, how expert testimony should be assessed at the class certification stage, and the relevance of injury and Article III standing to assessing Rule 23's predominance requirement and the scope of a proposed class definition. The panel will discuss the impact Olean will have for both plaintiffs and defendants and will assess how lower courts have reacted to this important Ninth Circuit ruling.
- Overview of case history
- Key holdings of Olean
- Strategies for applying Olean's holdings
- Decisions applying Olean
The panel will discuss these and other critical issues:
- How will the issue of uninjured class members impact class certification after Olean?
- How will Olean change the use of expert testimony at the class certification stage?
- How will Olean’s guidance impact consumer and employment class actions?
Kevin P. Daly
Robinson & Cole
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of... | Read More
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of Robinson+Cole's Business Litigation Group and Manufacturing Industry Team.Close
Mr. Rubin was formerly an antitrust partner at Patton Boggs LLP in Washington, D.C. For the past 15 years, he focused... | Read More
Mr. Rubin was formerly an antitrust partner at Patton Boggs LLP in Washington, D.C. For the past 15 years, he focused his legal practice exclusively on antitrust and competition law and policy.Close