Limits of Class Representation Prior to Class Counsel Appointment
Best Practices for Plaintiffs and Defendants to Navigate Unsettled Questions Under CAFA and Duties Owed to Absent Class Members
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide class counsel with a guide to the issues of the limits of the representation of potential class members by a named plaintiff under the Class Action Fairness Act (CAFA). The panel will also discuss the impact of court decisions on the issue for prospective plaintiff and defense counsel.
Outline
-
Introduction
- Representation under Rule 23
- CAFA jurisdictional requirements
- The issue posed by Knowles
- The issue beyond CAFA
-
Plaintiff’s Perspective
- Adequacy of representation
- Due process
- Best practices
-
Defense Perspective
- Adequacy of representation
- Due process
- Best practices
Benefits
The panel will review these and other key questions:
- What pre-certification actions by named plaintiff and counsel affecting absent class members present due process arguments for defense or arguments that certification should not be granted because of inadequate representation?
- What are the situations that courts have examined concerning how much class counsel can do before they are appointed counsel for the class?
- How is the decision in Standard Fire Insurance Co.v. Knowles expected to have ramifications beyond CAFA?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Deborah H. Renner
Partner
Baker & Hostetler
Ms. Renner's practice focuses on complex commercial litigation, including the defense of consumer fraud and... | Read More
Ms. Renner's practice focuses on complex commercial litigation, including the defense of consumer fraud and securities class actions. She leads her firm’s Class Action Practice in New York. She has defeated class certification in courts around the country and has won the dismissal of class claims at the outset of numerous actions.
CloseCarl E. Goldfarb
Partner
Boies Schiller & Flexner
His practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or unfair... | Read More
His practice focuses on complex commercial litigation, often involving antitrust, intellectual property, or unfair competition claims. He specializes in class action litigation, representing both plaintiffs and defendants. He was co-counsel in the Erica P. John Fund, Inc. v. Halliburton case before the U.S. Supreme Court where he led the briefing at both the petition and merit stages.
Close