Viability of Nationwide Class Actions and Settlements in Light of Contracted Federal Jurisdiction and Standing
Rethinking Certification and Settlement Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the continuing viability and attractiveness of nationwide class actions in federal court. The panel will address the possibility and practicality of bringing claims arising in divergent jurisdictions against a defendant in a single forum, and whether the increasing importance of class member standing on settlement and certification renders the benefits of class actions unattainable.
- Difficulties in gaining personal jurisdiction over defendants
- Bristol-Myers Squibb (Supreme Court)
- Molock v. Whole Foods (2d. Circ.)
- Mussat v. IQVIA (7th Cir.)
- Cruson v. Jackson Nat’l Life Ins. Co (5th Cir.)
- The effect of heightened scrutiny of standing
- Class representative
- Absent class members
The panel will review these and other key questions:
- Must the standing inquiry focus on the class representatives or absent class members?
- Does either side--plaintiff or defense--benefit if fewer nationwide class actions are brought or concluded in federal court?
- How will changes to the availability of nationwide class actions affect litigation costs?
- How would the inability to achieve nationwide settlement, including against class members that might lack standing, affect what the parties do at the certification stage?
Jessica D. Miller
Skadden Arps Slate Meagher & Flom
Ms. Miller has broad experience in the defense of purported class actions and other complex civil litigation with a... | Read More
Ms. Miller has broad experience in the defense of purported class actions and other complex civil litigation with a focus on product liability matters and multidistrict litigation proceedings. She has been responsible for case coordination, strategy, and law and motions in numerous federal and state court coordinated proceedings involving pharmaceutical products, medical devices and industrial products. Ms. Miller speaks frequently at seminars and symposia on litigation-related issues.Close
Michael J. Ruttinger
Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across... | Read More
Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across the country. He advises and advocates for clients at all phases of a case, from pre-litigation consulting on regulatory issues, to dispositive and class-certification motions, to appeals. Mr. Ruttinger regularly handles complicated, high-stakes issues for clients ranging from challenges to class certification to developing strategies for seeking summary judgment and excluding unreliable expert opinions. He is a frequent writer and speaker on the application of class action and product liability laws to emerging technologies.Close