Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)'s Predominance Requirement
Assessing the Three-Way Circuit Split on Issue Certification
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine limited issue certification under Rule 23(c)(4) and the three-way split that has developed among the circuits regarding how narrowly or broadly to interpret that rule. The panel will provide instruction on considerations and strategies for litigating certification under Rule 23(c)(4) based on recent case law 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
- Textual and historical analysis of Rule 23(c)(4)
- Strategies for defending the trial of "issue" classes
The panel will review these and other key issues:
- What is the tension 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 class action practitioners leverage the various circuit court opinions on Rule 23(c)(4) issue classes at the certification stage
Timothy E. Congrove
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, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’... | Read More
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’ experience of practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage & hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, he also helps his clients anticipate large-scale litigations risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. Profiled in The Wall Street Journal, these audits are designed to minimize the incidence of employment-related class action litigation and to maximize management discretion and workplace productivity. Mr. Maatman has served as a legal commentator on PBS, NPR, MSNBC, CNBC and U.S. talk radio, and his comments have appeared in such publications as The Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune and Forbes.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
James P. (Jim) Muehlberger
Co-Chair, Food, Beverage & Agribusiness Practice Group
Shook, Hardy & Bacon
Mr. Muehlberger has more than three decades of experience successfully defending class actions and multidistrict... | Read More
Mr. Muehlberger has more than three decades of experience successfully defending class actions and multidistrict litigation throughout the country. The leader of numerous litigation teams, he has successfully defended more than 100 consumer and third-party payor class actions alleging false advertising, unfair business practices, consumer fraud, product liability and RICO. Mr. Muehlberger has tried class actions, successfully argued class action appeals, and resolved purported class actions early and efficiently. He teaches and lectures on class actions and is widely recognized for his experience defending class actions as well as legal and trial strategy.Close