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Class Certification: Plaintiff and Defense Perspectives on Key Issues, Current Circuit Splits and Unwritten Mandates

Litigating Explicit and Implicit Standards for Certification

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, May 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer insight and strategies from plaintiff and defense counsel on the explicit and implicit standards for certification under Rule 23, how the criteria overlap, and current case law, showcasing splits of authority on key issues. To help counsel effectively litigate these complex matters, the panel will offer practical tools and strategies.


The issue of certification is never over, so the Rule 23 criteria are always subject to review throughout the case. While predominance, and more recently commonality, capture much attention, all the other Rule 23 criteria are just as important to a successful class action and are neglected at the litigants' peril.

Many courts require proof of things not listed in Rule 23 for certification while other courts simply take certain implied criteria into consideration when evaluating express requirements. A number of circuit splits exist on these issues, making venue choice an important strategic consideration. The Class Action Fairness Act must also be considered.

Although the Supreme Court mandates that certification should only be granted after a rigorous review of the evidence for certification, the Court has also indicated that certification should not involve a merits determination. Balancing these seemingly incompatible directives requires courts and counsel to delve into many substantive and procedural class action issues, including the scope of discovery for certification, trial planning, and other case management issues.

Listen as this panel discusses what it takes to get a case certified or what will prevent certification by taking a "big picture" approach to Rule 23, current case law, emerging trends, and even alternatives to class action.



  1. Overview of class actions
  2. Waivers
  3. Personal jurisdiction
  4. Article III standing
  5. Emerging areas
  6. Recent precedents


The panel will consider these and other key issues:

  • How can counsel balance the need for rigorous review and the need to avoid merits determinations?
  • When can damages be aggregated in lieu of calculating actual damages for each class member?
  • How have recent Supreme Court decisions changed class litigation?
  • How do the procedures in Rule 23(c)(4) affect the issues in Rule 23(a) and(b)?


Lesser, Seth
Seth R. Lesser

Founding Partner
Klafter Lesser

Mr. Lesser practices in the areas of consumer advocacy, wage and hour litigation, and corporate governance, primarily...  |  Read More

Sellinger, David
David E. Sellinger

Greenberg Traurig

Mr. Sellinger focuses his practice on complex civil litigation matters, including class action defense, trial in...  |  Read More

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