Defending Class Actions Using Absent Class Member Discovery
Evaluating Whether to Seek Discovery of Putative Class Members; Leveraging Evidence at Certification, Settlement and Trial
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare defense counsel to evaluate whether and how to pursue discovery of absent class members in class litigation. The panel will discuss the courts’ varying positions on permitting absent class member discovery, when to request discovery from putative class members, the type of discovery to request, how many absent class members to seek out for discovery, and strategies to leverage evidence obtained during certification, settlement and trial.
- Evaluating whether and how to seek discovery of absent class members
- When to request discovery
- Type of discovery to request
- How many absent class members to seek out for discovery
- Ethical and privilege considerations with absent class member discovery
- Leveraging evidence from putative class members during certification, settlement and trial
The panel will review these and other key issues:
- When are absent class members considered “parties” for the purpose of discovery?
- What factors should defense counsel weigh when evaluating whether and when to conduct discovery of absent class members?
- How can evidence obtained from absent class members be most effectively used during class certification, settlement and trial?
Wystan M. Ackerman
Robinson & Cole
Mr. Ackerman is Chair of the firm's Class Action Team. He has defended major insurers across the country in class... | Read More
Mr. Ackerman is Chair of the firm's Class Action Team. He has defended major insurers across the country in class actions and has prevailed on dispositive motions in numerous cases. In addition to insurer representation, Mr. Ackerman has defended cases involving products liability, financial services, consumer contracts, and securities. He is a frequent author and lecturer on class action topics.Close
Andrew G. Phillips
Mr. Phillips’ practice includes financial services, commercial, product liability, toxic tort, and class action... | Read More
Mr. Phillips’ practice includes financial services, commercial, product liability, toxic tort, and class action litigation. He regularly represents major financial institutions in mortgage and financial services litigation, including litigation under the TILA, FCRA, RESPA, and FDCPA. Mr. Phillips also represents medical device and pharmaceutical companies, food and beverage producers, equipment manufacturers, and airlines, among others, in commercial, wrongful death, personal injury, class action and mass tort litigation in state and federal courts throughout the country.Close