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
This CLE course will examine new challenges facing class counsel in certifying a nationwide class after the Ninth Circuit's June 2019 en banc 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.
- Overview of Hyundai II, including its impact on the district court's evaluation of settlements
- Best practices for settling parties in light of Hyundai
- Points to consider in structuring a settlement
- Pointers for settlement papers
- Attorneys' fees
- Limiting Hyundai's reach
- Implications of Hyundai in the non-settlement context
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?
Kevin P. Daly
Robinson & Cole
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of... | Read More
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of Robinson+Cole's Business Litigation Group and Manufacturing Industry Team.Close
Jennifer L. Mesko
Ms. Mesko is an experienced litigator who represents businesses in complex civil litigation throughout the United... | Read More
Ms. Mesko is an experienced litigator who represents businesses in complex civil litigation throughout the United States. She focuses her practice on class actions in a variety of areas, including securities fraud, consumer claims, and warranty and product liability litigation, as well as insurance coverage and commercial disputes.Close
Mr. Wu is primarily responsible for complex motion work and supervising court approval of class action settlements. He... | Read More
Mr. Wu is primarily responsible for complex motion work and supervising court approval of class action settlements. He handles many of the most challenging legal issues facing Capstone’s clients, including the scope and operation of PAGA, contested attorneys’ fees motions, responding to objectors, and high-impact appeals.Close