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Navigating Intra-Class Conflicts: Basis for Certification of Sub-Classes or Denial of Class Certification Entirely?

Recording of a 90-minute CLE 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 22, 2016

Recorded event now available

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This CLE course will address intra-class conflicts that can arise in class action litigation, attempts to have subclasses certified to resolve these conflicts, and attacks on class certification based upon intra-class conflicts.

Description

Serious issues arise when proposed classes are defined to encompass individuals who do not wish to be included in the class action because they do not want the recovery sought by the class representative. An example of such intra-class conflict arises when a group seeks recovery for being charged a fee which some individuals in the proposed class have no objection to being charged and, should the proposed class prevail, would result in loss of an arrangement which they believe to be to their benefit.

When intra-class conflicts exist, disputes arise as to whether class certification is appropriate. Counsel opposing certification need to be prepared to leverage the intra-class conflict as grounds for denial due to lack of an adequate class representative.

Listen as our authoritative panel of class action counsel delves into the issues involved in intra-class conflicts and provides strategies for identifying intra-class conflicts, tips on defeating class certification due to intra-class conflicts, and methods for overcoming such conflicts.

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Outline

  1. Identifying intra-class conflicts
  2. Creating subclasses to avoid intra-class conflicts
  3. Defeating certification due to intra-class conflicts
  4. Addressing post-certification intra-class conflicts

Benefits

The panel will review these and other key issues:

  • Identifying and focusing on intra-class conflicts
  • Overcoming intra-class conflicts and proceeding with class certification by the creation of subclasses
  • Avoiding class certification based upon intra-class conflicts
  • Addressing conflicts that arise after certification

Faculty

Ackerman, Wystan
Wystan M. Ackerman
Partner
Robinson & Cole

Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been...  |  Read More

Pamela Hanebutt
Pamela Hanebutt
Partner
Eimer Stahl

Ms. Hanebutt is Co-Chair of the firm’s Environmental, Products Liability and Toxic Torts Practice...  |  Read More

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