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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

    Thursday, May 30, 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 offer insight and strategies from plaintiff and defense counsel on the explicit and implicit standards for certification under Rule 23, how the criteria overlap, and current case law, showcasing splits of authority on key issues. To help counsel effectively litigate these complex matters, the panel will offer practical tools and strategies.

Faculty

Seth R. Lesser
Founding Partner
Klafter Lesser, LLP

Mr. Lesser practices in the areas of consumer advocacy, wage and hour litigation, and corporate governance, primarily on behalf of defrauded consumers, employees and businesses. Since 1995, Mr. Lesser has represented plaintiffs in individual, class, collective and mass tort cases. He regularly speaks and writes on these topics, and is a co-editor of a treatise on class action law. Mr. Lesser has been the lead plaintiffs’ counsel in dozens of successful individual, class and/or collective actions in the areas of securities, employment, privacy and mass tort litigation.

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David E. Sellinger
Shareholder
Greenberg Traurig LLP

Mr. Sellinger focuses his practice on complex civil litigation matters, including class action defense, trial in federal and state courts, and in arbitrations. He has over thirty years of litigation experience in which he has represented corporate and individual clients in a broad array of lawsuits. Mr. Sellinger has represented corporations sued in class actions brought in both state and federal courts involving claims for consumer fraud, product liability, and violations of various state and federal statutes. He has handled cases in multi-district litigation (MDL) proceedings. In addition, Mr. Sellinger is currently involved in overseeing product liability class actions throughout the country for a national retailer as a member of GT's team serving as the client's national coordinating counsel for class actions. In the past, he also has represented institutional investors as plaintiffs in class actions involving claims of securities fraud and breach of fiduciary duty.

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Description

The issue of certification is never over, so the Rule 23 criteria are always subject to review throughout the case. While predominance, and more recently commonality, capture much attention, all the other Rule 23 criteria are just as important to a successful class action and are neglected at the litigants' peril.

Many courts require proof of things not listed in Rule 23 for certification while other courts simply take certain implied criteria into consideration when evaluating express requirements. A number of circuit splits exist on these issues, making venue choice an important strategic consideration. The Class Action Fairness Act must also be considered.

Although the Supreme Court mandates that certification should only be granted after a rigorous review of the evidence for certification, the Court has also indicated that certification should not involve a merits determination. Balancing these seemingly incompatible directives requires courts and counsel to delve into many substantive and procedural class action issues, including the scope of discovery for certification, trial planning, and other case management issues.

Listen as this panel discusses what it takes to get a case certified or what will prevent certification by taking a "big picture" approach to Rule 23, current case law, emerging trends, and even alternatives to class action.

Outline

  1. Overview of class actions
  2. Waivers
  3. Personal jurisdiction
  4. Article III standing
  5. Emerging areas
  6. Recent precedents

Benefits

The panel will consider these and other key issues:

  • How can counsel balance the need for rigorous review and the need to avoid merits determinations?
  • When can damages be aggregated in lieu of calculating actual damages for each class member?
  • How have recent Supreme Court decisions changed class litigation?
  • How do the procedures in Rule 23(c)(4) affect the issues in Rule 23(a) and(b)?