Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)'s Predominance Requirement
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine how courts are applying Rule 23(c)(4) in cases where plaintiffs request class certification of only certain limited issues. The panel will discuss considerations and strategies for litigating cases involving Rule 23(c)(4) issue classes based on recent case law trends and their own practical experiences.
- The emergence of issue classes under Rule 23(c)(4)
- What is an issue class?
- How are they being strategically used?
- Where are the grey areas?
- Key court decisions on issue class certification
- Pending changes to Rule 23(c)(4)
- United States Courts’ Advisory Committee on Rules of Civil Procedure
- Proposed Fairness in Class Action Litigation Act of 2017
- Best practices for class counsel for litigating cases involving issue class certification
The panel will review these and other key issues:
- What is the potential conflict between the requirements of Rule 23(c)(4) and Rule 23(b)(3) and how are courts reconciling the conflict?
- What impact does the rise in issue class certifications have on the trial and settlement of class claims?
- How can the various circuit court opinions on Rule 23(c)(4) issue classes be leveraged by class action practitioners at the certification stage?
William J. Anthony
Mr. Anthony is Co-Leader of the firm’s Class Actions and Complex Litigation Practice Group. He has handled... | Read More
Mr. Anthony is Co-Leader of the firm’s Class Actions and Complex Litigation Practice Group. He has handled numerous class and collective actions, including wage and hour claims alleging claims for improper payment of bonuses, misclassification of customer service employees, dispatchers, assistant retail managers, time share resort salespeople, pharmaceutical sales representatives and installation technicians and failure to pay minimum wage to tipped employees.Close
Shook, Hardy & Bacon
Mr. Congrove defends businesses in multidistrict litigation, class actions and other complex cases. He has successfully... | Read More
Mr. Congrove defends businesses in multidistrict litigation, class actions and other complex cases. He has successfully and efficiently managed large-scale, high-stakes cases involving a variety of claims and liability theories, including product liability, toxic tort, medical monitoring and consumer fraud. Mr. Congrove’s clients include national and international companies in the consumer goods, retail and chemical industries, among others. He serves as national product liability counsel to Philip Morris USA.Close
Gerald L. Maatman, Jr.
Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment discrimination class... | Read More
Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment discrimination class actions, wage and hour collective actions, EEOC pattern or practice lawsuits, and civil rights/denial of access class actions brought in federal and state courts throughout the U.S. Mr. Maatman also pioneered the process of conducting employment practices audits to assist employers in structuring effective and practical personnel policies and protocols.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