Defeating Class Actions Post-Certification: Procedural and Substantive Strategies

Pursuing Rule 23(f) Appeals, Decertification, Reconsideration, Summary Judgment, and Other Post-Certification Motions

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


Conducted on Wednesday, June 24, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide class action defense counsel in the strategies and logistics for pursuing post-certification procedural and substantive motions and appeals. The panel will discuss the advantages and disadvantages of seeking motions for Rule 23(f) appellate review, decertification, reconsideration, or summary judgment.

Description

Class action cases have the potential for high damages and defense costs. While defense counsel strive to dispose of class actions early to minimize liability exposure and control expenses, that is not always possible; and a strategy for defeating class certification after an initial adverse certification decision may be necessary.

Depending on the jurisdiction, post-certification challenges include seeking Rule 23(f) appellate review of the class certification ruling or pursuing motions for decertification, reconsideration, or summary judgment. The most effective approach will vary considerably according to the particular case, and state and federal courts may differ significantly in the stage at which the initial certification decision is made and, accordingly, their inclination to recognize post-certification arguments.

Our panel will present decertification efforts that occurred during and immediately after a trial. Ultimately, counsel must carefully consider the potential impact on settlement options of these arguments.

Listen as our authoritative panel examines strategies defense counsel may pursue following certification to defeat the class. FLSA collective actions are in some ways similar to Rule 23 class actions, and our panel will also offer insights related to decertification of FLSA collective actions. The panel will discuss the pros and cons of each type of post-certification challenge and factors to consider according to several different types of scenarios.

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Outline

  1. Requesting reconsideration and review following class certification
    1. Motion for reconsideration
    2. Petition for appellate review
  2. Post-certification motions
    1. Motion for partial or total summary judgment
    2. Motion for decertification
    3. Other motions to consider
  3. Post-certification challenges unique to trial

Benefits

The panel will review these and other challenging issues:

  • Under what circumstances should counsel request a motion for decertification, reconsideration, or appellate review of the certification decision?
  • What strategies have been successful for counsel seeking summary judgment following certification of a class?
  • What factors should defense counsel consider in evaluating which post-certification option to pursue?

Faculty

Wajert, Sean
Sean P. Wajert

Office Managing Partner
Shook Hardy & Bacon

Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he...  |  Read More

Walters, Neal
Neal Walters

Partner
Ballard Spahr

Mr. Walters is the Practice Leader of the firm’s Product Liability and Mass Tort Group. He and his national team...  |  Read More

Wozniak, Peter
Peter J. Wozniak

Partner
Barnes & Thornburg

Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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