ERISA Class Certification: Strategies to Defeat or Certify the Class After Dukes and Comcast

Navigating Issues in Class-Wide Proof of Damages, Commonality, Adequacy and Class Conflicts

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, January 28, 2014

Recorded event now available

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Course Materials

This CLE course will provide ERISA law counsel with an in-depth review of the Supreme Court rulings on class certification in the seminal cases of Wal-Mart v. Dukes and Comcast v. Behrand. The panel will provide strategies for challenging or seeking certification in ERISA class claims.


In Comcast, the Court made clear that plaintiffs must establish class-wide damages at the certification stage. This further emphasized the Dukes holding wherein the Court clarified the depth of inquiry needed to establish a class for certification purposes.

Our panel will explain how the holdings in both cases apply to ERISA class claims. Plaintiff and defense counsel must be able to recognize the unique challenges in certifying ERISA class claims. Additionally, counsel will learn how to overcome those challenges and leverage the Court's standards to your client’s benefit.

Our panel will also equip you with best practices to effectively handle certification through an analysis of case law, legal theory and practical experience. The panel will explain which circumstances warrant certification and which do not.

Listen as our authoritative panel reviews Dukes, Comcast and their progeny as they apply to ERISA claims. The panel will focus on key areas of concern for ERISA class actions, including class-wide damages, commonality and class conflicts.



  1. Overview of Dukes and Comcast holdings
  2. Class-wide proof of damages
  3. Commonality and claims challenging ERISA disclosures
  4. Adequacy and class conflicts
  5. Best practices for defeat
  6. Best practices for certification


The panel will review these and other key questions:

  • How do Dukes and Comcast affect class certification in ERISA claims?
  • What progeny has developed in ERISA cases since the holdings in Dukes and Comcast?
  • What strategies should counsel implement when seeking to certify or decertify?
  • Under what circumstances is certification beneficial in an ERISA class action?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Fleckner, James
James O. Fleckner

Goodwin Procter

Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA...  |  Read More

Sarah Zumwalt
Sarah Zumwalt

Groom Law Group

Ms. Zumwalt  represents ERISA plan sponsors, fiduciaries, alleged fiduciaries and service providers in all manner...  |  Read More

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