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 Wednesday, October 30, 2019

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 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.

Description

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

Now with the recent Ninth Circuit en banc decision in Hyundai II, class certification in contested cases requires the same heightened standards and 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 certification 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 class 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

Daly, Kevin
Kevin P. Daly

Counsel
Robinson & Cole

Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of...  |  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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