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

Strategies for Plaintiff and Defense Counsel

A live 90-minute CLE webinar with interactive Q&A


Wednesday, October 30, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 11, 2019

or call 1-800-926-7926

This CLE webinar will examine new challenges facing class counsel in certifying a nationwide class after the Ninth Circuit's June 2019 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.

Description

The case of Hyundai I 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 affects the framework for presenting nationwide and consumer protection class action settlements.

Now with the recent decision of Hyundai II, defendants may oppose class certification in contested cases using the same heightened standards and requiring the same "rigorous analysis" by the courts as before. But if the dynamics change and the case were to settle, it allows class actions, even nationwide classes, to be settled on a less stringent standard.

Post-Hyundai, class counsel should prepare for district court scrutiny of whether the predominance and superiority requirements of Rule 23(b)(3) are satisfied, even where certification is not opposed. And 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.

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Outline

  1. Overview of Hyundai II, 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

Benefits

The panel will review these and other critical issues:

  • How do Hyundai I and II affect parties seeking to settle state law disputes on a classwide basis?
  • What are best practices for defense counsel to employ to defeat class certification?
  • How does Hyundai impact cases outside the context of settlement?

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

Mesko, Jennifer
Jennifer L. Mesko

Counsel
Tucker Ellis

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

Wu, Ryan
Ryan Wu

Partner
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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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

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DVD

10 business days after event

$247 + $19.45 S&H