Class Certification After Olean v. Bumble Bee: Expert Testimony, Uninjured Class Members, and Article III Standing
Understanding and Applying the Ninth Circuit’s Groundbreaking En Banc Decision
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the ramifications arising from the Ninth Circuit’s en banc decision in Olean Wholesale Grocery v. Bumble Bee Foods, 31 F.4th 651 (9th Cir. 2022) (en banc), addressing numerous important class certification issues. The program will address Olean’s critical holdings regarding the evidentiary burden under Rule 23, how expert testimony should be assessed at the class certification stage, and the relevance of injury and Article III standing to assessing Rule 23’s predominance requirement and the scope of a proposed class definition. The panel will discuss the impact Olean will have for both plaintiffs and defendants, and will assess how lower courts have reacted to this important Ninth Circuit ruling.
Outline
- Overview of case history
- Key holdings of Olean
- Strategies for applying Olean's holdings
- Decisions applying Olean
Benefits
The panel will discuss these and other critical issues:
- How will the issue of uninjured class members impact class certification after Olean?
- How will Olean change the use of expert testimony at the class certification stage?
- How will Olean’s guidance impact consumer and employment class actions?
Faculty
James F. Bogan, III
Partner
Kilpatrick Townsend & Stockton
Mr. Bogan concentrates his practice on complex commercial litigation, with particular emphasis in class action,... | Read More
Mr. Bogan concentrates his practice on complex commercial litigation, with particular emphasis in class action, business tort, and civil RICO cases. He is the leader of the Kilpatrick Townsend Class Action Team and the Editor of the KT Class Action Blog. Mr. Bogan has substantial experience representing clients before federal and state trial and appellate courts and arbitration tribunals, as well as coordinating the efforts of in-house and outside lawyers in significant multi-jurisdictional litigation. He is the past Chair of the firm's Technology and Trade Secret Litigation Team, the past Chair of the State Bar of Georgia’s Appellate Practice Section, and the past Chair of the Business Torts & Civil RICO Committee (American Bar Association, Section of Antitrust Law).
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Jonathan F. Cohn
Partner
Sidley Austin
Mr. Cohn is a member of Sidley’s complex commercial litigation practice and Supreme Court and Appellate practice,... | Read More
Mr. Cohn is a member of Sidley’s complex commercial litigation practice and Supreme Court and Appellate practice, and has argued cases in the U.S. Supreme Court, the federal courts of appeals and federal district courts. Both a trial lawyer and an appellate authority, he has successfully represented clients on a wide range of constitutional, statutory and administrative law issues in all stages of litigation. Mr. Cohn has successfully represented clients in disputes involving false advertising, trade secrets, patent law, unfair competition, products liability, jurisdiction, immunity, preemption, class actions, international trade and the APA.
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Bradley J. Hamburger
Partner
Gibson Dunn & Crutcher
Mr. Hamburger practices in the firm’s Class Actions, Appellate and Constitutional Law, and Labor and Employment... | Read More
Mr. Hamburger practices in the firm’s Class Actions, Appellate and Constitutional Law, and Labor and Employment practice groups, and focuses on complex litigation and class actions in both trial courts and on appeal. He has defended clients in class actions across numerous substantive areas of law, including employment, consumer fraud and products liability.
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Jonathan Rubin
Partner
MoginRubin
Mr. Rubin was formerly an antitrust partner at Patton Boggs LLP in Washington, D.C. For the past 15 years, he focused... | Read More
Mr. Rubin was formerly an antitrust partner at Patton Boggs LLP in Washington, D.C. For the past 15 years, he focused his legal practice exclusively on antitrust and competition law and policy.
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