Defining or Challenging Class Membership: Evaluating Ascertainability, Overbreadth and Failsafe Class Issues
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide class counsel with guidance for addressing class definition in light of new and evolving case law. The panel will review the elements of ascertainability and overbreadth as well as cases that have applied both terms in assessing class certification. The panel will also examine court rulings that reject “failsafe” class definitions.
Outline
- Ascertainability (including failsafe classes) and court cases applying the concept
- Overbreadth and court cases applying the concept
- Best practices for drafting or challenging class definitions
Benefits
The panel will review these and other key questions:
- What are some of the criteria identified by courts that make class members too difficult to identify and too burdensome to determine?
- How can counsel identify which courts are increasingly rejecting class definitions as a “failsafe” class?
- What are examples of overbroad classes and how can you separate out those who have experienced harm without running afoul of ascertainability and “failsafe” class problems?
Faculty
Ira Neil Richards
Partner
Schnader Harrison Segal & Lewis
Mr. Richards has successfully represented clients in complex litigation matters, including multidistrict antitrust... | Read More
Mr. Richards has successfully represented clients in complex litigation matters, including multidistrict antitrust cases, in a variety of industries. He also represents institutional and private investors in matters involving corporate governance, M&As, and securities sales and valuations. As an appellate advocate, Mr. Richards has argued cutting edge issues in federal and state appellate courts. Mr. Richards is Chair of the firm's Class Action Practice Group.
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Robert W. Sparkes, III
Partner
K&L Gates
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking,... | Read More
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking, mortgage lending and consumer financial services institutions in consumer class actions and individual litigation matters in federal and state courts throughout the U.S. He also has experience representing a variety of other corporate and individual clients in contract, tort, class action, consumer protection and other general business litigation matters.
CloseAndrew J. Trask
Counsel
McGuire Woods
Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has... | Read More
Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has concentrated on products liability and consumer fraud cases, he has also defended class actions involving telecommunications products, business contracts, securities, ERISA, the U.S. antitrust laws and environmental claims, among others. In addition to his class action practice, Mr. Trask has defended mass tort cases involving financial regulations, patent misuse cases, and government investigations into allegations of automotive defects and breach of privacy regulations.
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