Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai

Strategies for Plaintiff and Defense Counsel

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

Conducted on Tuesday, May 1, 2018

Recorded event now available

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Program Materials

This CLE webinar will examine new challenges facing class counsel in certifying a nationwide class after the Ninth Circuit’s decision in In Re Hyundai and Kia Fuel Econ. Litig. The panel will examine the scope and impact of the decision and discuss best practices for counsel to challenge or overcome nationwide class certification challenges. The panel will also discuss the implications of the decision for parties seeking to settle state law disputes nationwide on a classwide basis.


The recent case of Hyundai sent shock waves through the class action world when the Ninth Circuit vacated and remanded a district court order certifying a nationwide settlement class. Although the court did not foreclose the possibility of certifying a nationwide settlement class on remand, the decision significantly impacts the framework for presenting nationwide and consumer protection class action settlements.

Post-Hyundai, class counsel should prepare for district courts to carefully scrutinize whether the predominance and superiority requirements of Rule 23(b)(3) are satisfied, even where certification is not opposed. Additionally, Hyundai provides defense counsel challenging certification with additional ammunition under Rule 23(b)(3).

Listen as our authoritative panel discusses the impact of Hyundai on the framework for presenting class actions for certification, how class counsel can navigate Rule 23(b)(3) obstacles when pursuing nationwide and consumer protection class certification, and how defense counsel can use Hyundai as a tool to defeat class certification.



  1. Overview of Hyundai, including its impact on the district court’s evaluation of settlements
  2. Best practices for settling parties in light of Hyundai
    1. Points to consider in structuring a settlement
    2. Pointers for settlement papers
    3. Attorneys’ fees
    4. Limiting Hyundai’s reach
  3. Implications of Hyundai in the non-settlement context


The panel will review these and other critical issues:

  • How Hyundai affects parties seeking to settle state law disputes on a classwide basis?
  • What are best practices for defense counsel to employ to defeat class certification?


Ackerman, Wystan
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

Lichtman, Jason
Jason L. Lichtman

Lieff Cabraser Heimann & Bernstein

Mr. Lichtman’s practice is focused on financial fraud, damages and appeals. He is a member of the firm’s...  |  Read More

Mesko, Jennifer
Jennifer L. Mesko

Tucker Ellis

Ms. Mesko is an experienced litigator who represents businesses in complex civil litigation throughout the United...  |  Read More

Wu, Ryan
Ryan Wu

Capstone Law

Mr. Wu is primarily responsible for complex motion work and supervising court approval of class action settlements. He...  |  Read More

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