Class Certification: Wal-Mart v. Dukes One Year Later

Leveraging Court Developments to Obtain or Defeat Certification

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, September 18, 2012

Recorded event now available

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Program Materials

This CLE webinar will analyze developments in class certification in the year since the Supreme Court issued its landmark ruling in Wal-Mart v. Dukes. The panel will examine courts' various treatment of evidence and issue commonality and outline best practices for attorneys in the current environment.

Description

When the Supreme Court issued its watershed decision in Wal-Mart v. Dukes, it provided defendants with a tool in their efforts for defeating class certification. However, lower courts' applications of the ruling have been far from uniform.

Following the decision, uncertainty remains. One key question is how much evidence plaintiffs need to present at the class certification stage. Another is how to determine whether questions of law or fact are commonly shared by class members.

Since the decision, plaintiffs and defendants alike have encountered a variety of approaches by courts to their analyses for both questions. The Supreme Court has signaled it will revisit evidentiary issues during the 2012-13 term with the Comcast and Amgen cases.

Listen as our panel examines how courts have addressed issues of evidence and issue certification since the landmark Wal-Mart v. Dukes ruling, reviews new evidentiary issues in class certification before the Supreme Court, and offers best practices in the current environment for obtaining or defeating class certification.

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Outline

  1. Class certification issues following Wal-Mart v. Dukes
    1. Evidence
    2. Issue certification
  2. The debate on class certification evidence
  3. The Wal-Mart v. Dukes ruling and Daubert
  4. Upcoming Supreme Court cases concerning evidentiary issues at class certification
    1. Comcast v. Behrend
    2. Amgen v. Connecticut
  5. The commonality requirement and issue certification
    1. Issue certification before Wal-Mart v. Dukes
    2. The ruling on commonality
    3. McReynolds and district court cases on issue certification post-Wal-Mart v. Dukes

Benefits

The panel will review these and other key questions:

  • Are courts requiring the degree of evidence necessary at the class certification stage be the same as what is necessary at the merits stage?
  • Given the Supreme Court's ruling on commonality, how have lower courts certified issues and avoided denying certification entirely?
  • What evidentiary issues are before the Supreme Court in the Comcast and Amgen cases?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Deborah H. Renner
Deborah H. Renner

Partner
Baker & Hostetler

Ms. Renner's practice focuses on complex commercial litigation, including the defense of consumer fraud and...  |  Read More

John B. Lewis
John B. Lewis

Partner
Baker & Hostetler

His practice includes resolution of complex employment, civil rights and regulatory disputes, including the defense and...  |  Read More

Carl E. Goldfarb
Carl E. Goldfarb

Partner
Boies Schiller & Flexner

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

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