Preclusion in Class Actions: Asserting Judgments and Releases to Prevent Repetitive Litigation
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will guide class action lawyers in asserting or challenging the preclusive effect of class releases and class judgments on future claims. The program will review what trial strategies and release language offer defendants the broadest relief and finality, how preclusion can be asserted or avoided by the parties' successors, heirs and assigns even decades after the settlement or judgment, and the effect of notice and other class action procedures on the enforceability of releases and judgments.
- Preclusive effects of judgments on class
- Claim preclusion
- Individualized claims
- Injunctive relief and future money damages
- Governmental actions
- Preclusive effects of settlements
- Claims that could not be brought
- Parties beyond the court's jurisdiction
- Issue preclusion
- Defense preclusion after Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc., 590 U.S. ___ (2020).
The panel will review these and other issues:
- How does the identical factual predicate standard differ from the "same set of operative facts" test?
- Does a court have the power to release claims beyond its jurisdiction to adjudicate?
- Can defendants use a prior judgment or release against opt-outs, objectors, certification issues, or merits litigation?
- What is the kind of language in a release that will provide the broadest releases?
Robert J. Herrington
Co-Chair, Class Action Litigation Group
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false... | Read More
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.Close
to be announced.
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