Class Certification Standards and Daubert Analysis in Flux
Obtaining or Defeating Certification in Light of Circuit Courts' Differing Standards
Dukes v. Wal-Mart sets new standard for 9th Circuit — at odds with 7th Circuit's new Am. Honda Motor case
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide practitioners with a thorough review of the differing standards that courts apply to class certification motions, the scrutiny courts will give to expert testimony in support of certification, and the impact of the Dukes v. Wal-Mart ruling on Rule 23 class certification standards.
Outline
- Trends and developments in Rule 23 certification standards
- Divergent circuit court standards
- Impact of Dukes v. Wal-Mart
- Obtaining class certification — plaintiff strategies
- Challenging class certification — defense strategies
- Intersection of Daubert and class certification
- Divergent circuit court standards
- Impact of Dukes v. Wal-Mart
- Using Daubert motions to defeat certification — defense strategies
- Defending Daubert challenges at class certification stage — plaintiff strategies
Benefits
The panel will review these and other key questions:
- How are the federal courts currently responding to class certification motions?
- What are the applicable standards for review of expert testimony in class certification proceedings?
- Is the Dukes case a game changer for plaintiffs or can defendants use it to their advantage?
- Will the Dukes case result in more class actions seeking monetary damages but invoking Rule 23(b)(2)?
Faculty
Matthew Shors
Partner
O'Melveny & Myers
He focuses his practice on the defense of class actions, mass torts, and other aggregate proceedings, both at trial... | Read More
He focuses his practice on the defense of class actions, mass torts, and other aggregate proceedings, both at trial and on appeal. He has represented pharmaceutical manufacturers, energy companies, automobile manufacturers, transportation companies, health-care entities, insurance companies, and telecommunications companies in hundreds of purported state, nationwide, and international proceedings.
CloseTodd L. Nunn
Partner
K&L Gates
His practice emphasizes electronic discovery and document production and class action defense. His class action... | Read More
His practice emphasizes electronic discovery and document production and class action defense. His class action defense experience includes defense of numerous nationwide and statewide consumer protection class actions. He has also defended government regulation, products liability, environmental, employment and securities class actions.
CloseSteven G. Pearl
Principal
The Pearl Law Firm
He is an attorney and mediator in Los Angeles, focusing on wage and hour class action litigation and mediation. He is a... | Read More
He is an attorney and mediator in Los Angeles, focusing on wage and hour class action litigation and mediation. He is a co-author of "California Wage and Hour Law and Litigation," published by Continuing Education of the Bar (CEB). He authors the California Wage and Hour Law Blog (www.CAWageandHourLaw.blogspot.com) and the Mediation and Negotiation Blog (www.MediationandNegotiation.blogspot.com).
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