BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Wednesday, January 31, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will review pursuing or challenging class certification in cases alleging common defects and the commonality requirement under Federal Rule of Civil Procedure 23 in light of the Sixth Circuit's decision in In re: Ford Motor Co., Case No. 22-0109, 2023 WL 7877971 (6th Cir. Nov. 16, 2023). The panel will discuss lessons from Ford and the ongoing judicial conversation regarding what qualifies as rigorous analysis of the Rule 23 elements. The program will offer strategies about how to demonstrate that allegedly "common" defect issues can or cannot be resolved in the proverbial “one stroke”.

Faculty

Timothy E. Congrove
Partner
Shook Hardy & Bacon

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.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
John E. Tangren
Partner
DiCello Levitt

Mr. Tangren maintains a national practice in consumer class action litigation, with vast experience in the field of automotive defect litigation. He has represented plaintiffs in class actions and multidistrict litigation over defective power steering systems, cooling tubes, tailgates, and sudden unintended acceleration. Mr. Tangren also experienced in antitrust class actions and in federal appeals. He is frequently asked to speak on topics relating to class action litigation.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Ryan Wu
Partner
Capstone Law, APC

Mr. Wu is primarily responsible for complex motion work and supervising court approval of class action settlements. He handles many of the most challenging legal issues facing Capstone’s clients, including the scope and operation of PAGA, contested attorneys’ fees motions, responding to objectors, and high-impact appeals.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

According to the 6th Circuit, a question is "common" within Rule 23(a)(2)'s meaning if knowing the answer would resolve a central issue "in one stroke." But demonstrating commonality even in purported common defects cases is not automatic, and opposing such a showing may call for innovative defense strategies, including interlocutory appeal.

In Ford, the Sixth Circuit vacated an issue class certification order because it did not contain "rigorous analysis" with respect to commonality. The decision offers food for thought for both plaintiff and defendants on this important issue, highlighting what does and does not qualify as rigorous analysis of Rule 23.

The decision also sheds light on balancing the limited discovery favored at the certification stage with the more robust discovery needed to resolve the merits. Finally, the Ford opinion suggests rethinking which issues that may be appropriate for certification.

Listen as our preeminent panel reviews emerging issues related to commonality in a common defects case and offers strategies for challenging or establishing commonality based on lessons from Ford.

Outline

  1. Overview of commonality under Rule 23
  2. Lessons from In re: Ford Motor Co.

Benefits

The panel will discuss these and other key issues:

  • What is the standard for determining if a court's Rule 23 analysis is sufficiently rigorous?
  • How will Ford affect parties seeking to establish or challenge commonality?
  • What are best practices for defense counsel to employ to defeat class certification?