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Multidistrict Class Actions: Consolidating Class Actions Without Conceding Certification

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 15, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss advantages and disadvantages of consolidation, approaches to consolidation among different jurisdictions, and strategic considerations related to discovery, class certification, res judicata, and other vital issues. The panel will offer strategies for navigating the push for consolidation, how defense counsel can avoid making admissions against interest, and how plaintiffs' counsel might use consolidation arguments to bolster certification.


With increasing frequency, counsel defending clients in class action litigation must be prepared to defend their clients in multiple putative class actions filed in different jurisdictions, but based on the same underlying conduct. This presents several complex issues, including strategic considerations related to consolidation of class action proceedings as well as legal issues related to removal and remand under the Class Action Fairness Act. Indeed, consolidation may make removal an option that would not otherwise be available.

Consolidation, however, can be tricky for counsel defending class actions. When deciding on consolidation, courts typically look to the convenience of the parties and the just and efficient conduct of the litigation. Courts may highlight similarities among defendants and defenses. Much of this analysis concerns avoiding duplicative efforts, especially in discovery. But while consolidation can streamline defense strategies and reduce costs, counsel must be cautious because the same arguments that can be made regarding efficiency and convenience to be gained by consolidation can be used by class action plaintiffs to argue in favor of class certification on grounds such as “commonality” and “superiority.”

Listen as this experienced panel of class action attorneys discusses best strategies for navigating the thorny issues of class action consolidation.



  1. Statutory authority to consolidate class actions
  2. Overlap between consolidation and certification issues
  3. Recent cases consolidating class actions
  4. Defense strategies


The panel will discuss these and other key issues:

  • Can cases be consolidated before certification?
  • What are the most critical factors defense counsel should consider when seeking consolidation?
  • What safeguards prevent conceding points related to common questions of law and fact?
  • What issues are best for consolidation?
  • Can consolidation keep cases in federal court that would otherwise be remanded?


Ruttinger, Michael
Michael J. Ruttinger

Tucker Ellis

Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across...  |  Read More

Stio, Angelo
Angelo A. Stio, III

Troutman Pepper

Mr. Stio is a first-chair litigator who tries cases in courts and arbitration tribunals throughout the United States....  |  Read More

Weber, Ethan
Ethan W. Weber

Tucker Ellis

Having served as a judicial law clerk to both the Honorable J. Philip Calabrese (United States District Court, Northern...  |  Read More

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