Defeating Rule 23(b)(3)'s Predominance Requirement Using Defenses and Counterclaims
Evaluating Effectiveness of Strategy in Light of Differing Lower Court Approaches and Developing Case Law
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine class action defense counsel’s strategic use of defenses and counterclaims to defeat Rule 23(b)(3)’s predominance requirement for class certification.
Outline
- Recent trends in the use of defenses and counterclaims to defeat certification
- Review of relevant court decisions
- Best practices for using this strategy
Benefits
The panel will review these and other key questions:
- How are courts responding to defense counsel’s attempts to use affirmative defenses and counterclaims as a strategy to defeat certification?
- What types of defenses and counterclaims are class action attorneys using under this approach?
- What are some best practices for defense counsel seeking to use this strategy to defeat the predominance requirement for certification?
Faculty
Derek T. Ho
Partner
Kellogg Hansen Todd Figel & Frederick
Mr. Ho specializes in appellate litigation and complex commercial litigation. He has served as lead... | Read More
Mr. Ho specializes in appellate litigation and complex commercial litigation. He has served as lead appellate counsel in numerous state and federal cases, including in the First, Eighth, and Eleventh Circuits, as well as state appellate and supreme courts. He has also been the principal author of numerous merits and amicus briefs in the U.S. Supreme Court. Mr. Ho has experience in all phases of the pre-trial process, from drafting complaints, to briefing and arguing dispositive motions, to conducting written discovery and depositions.
CloseFarah Lisa Whitley-Sebti, Esq.
Alston & Bird
Ms. Whitley-Sebti is a member of the firm’s Financial Services Litigation team. She has experience... | Read More
Ms. Whitley-Sebti is a member of the firm’s Financial Services Litigation team. She has experience defending issuers and directors and officers against federal securities claims, as well as litigating claims arising under TILA, HOEPA, RESPA, FCRA, ECOA, FDCPA and FHA. Ms. Whitley-Sebti also has experience representing companies, and in particular accounting firms, involved in investigations by the SEC, the Public Company Accounting Oversight Board and the DOJ.
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