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Class Certification's First Principles and Unwritten Rules: Tools and Strategies for Plaintiffs and Defendants

Mechanics of Rule 23; Litigating Explicit and Implicit Standards for Certification

A live 90-minute CLE video webinar with interactive 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.

Thursday, May 30, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 10, 2024

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.

Description

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.

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Outline

  1. Rule 23(a) requirements
  2. Rule 23(b) requirements
  3. Implicit requirements
  4. CAFA
  5. Strategies for plaintiffs
  6. Strategies for defendants

Benefits

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)?

Faculty

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

Shareholder
Greenberg Traurig

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

Attend on May 30

Early Discount (through 05/10/24)

Cannot Attend May 30?

Early Discount (through 05/10/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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