Managing Complex Class Litigation: Leveraging Bifurcation, Bellwether Trials, Joinder, Subclasses and Issue Classes
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the growing complexity of class action suits and the procedural tools available to litigants to assist in managing large and complex class claims. The program will discuss how the parties and courts are utilizing aggregation tools such as subclasses and joinder, bifurcation and bellwether trials to create efficient outcomes for the litigation.
- Case Management Tools
- Subclasses, Rule 23(c)(5)
- Issue classes, Rule 23(c)(4)
- Joinder, Rule 42(a)
- Issue bifurcation, Rule 42(b)
- Bifurcation of certification and merits
- Bifurcation of liability and damages
- Bellwether trials
The panel will review these and other key issues:
- When would subclasses under Rule 23(c)(5) be appropriate?
- When would issue classes under Rule 23(c)(4) be appropriate?
- Under what circumstances should the parties seek bifurcation of either discovery or liability in class litigation?
- What factors will courts consider in determining whether issue bifurcation or a separate trial on one or more issues is appropriate?
- How are bellwether trials useful in managing large and complex class litigation?
Wystan M. Ackerman
Robinson & Cole
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been... | Read More
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.Close
Mr. Fanter concentrates his practice on complex commercial litigation, with particular emphasis on class action... | Read More
Mr. Fanter concentrates his practice on complex commercial litigation, with particular emphasis on class action defense and appeals. His experience includes being a member of a team representing a federally insured bank in a matter involving a novel banking product being offered to consumers. He represented the bank in five parallel putative nationwide class action lawsuits initially filed in federal courts, now consolidated into a single action. He also represented a senior government official in Iqbal v. Ashcroft, which involved challenges to detention policies after the Sept. 11 terrorist attacks. The matter was litigated to the United States Supreme Court and resulted in a favorable defense ruling on pleading standards required to bring actions in federal court.Close
Robert J. Bonsignore
Mr. Bonsignore limits his practice to complex litigation, class actions, and cases involving significant economic loss... | Read More
Mr. Bonsignore limits his practice to complex litigation, class actions, and cases involving significant economic loss or public policy. His law firm concentrates in the practice areas of antitrust, business-to-business wrongs, consumer protection, catastrophic personal injury and Mass Tort litigation. Due to his decades long experience and proven track record in multi-district litigation, he has been integrally involved in the leadership of dozens of document intensive cases. He previously served as lead counsel in MDL 1735 In re WalMart Wage and Hour Litigation (largest wage and hour class in US history), presently serves as lead counsel in MDL 2566 In re TelexFree Securities Litigation (the largest Pyramid scheme case in US history) and is co-chair of a discovery committee in MDL 2311 In re Automotive Parts Antitrust Litigation.Close