Defeating Class Actions Post-Certification: Procedural and Substantive Strategies
Pursuing Rule 23(f) Appeals, Decertification, Reconsideration, Summary Judgment, and Other Post-Certification Motions
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Wednesday, June 24, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide class action defense counsel in the strategies and logistics for pursuing post-certification procedural and substantive motions and appeals. The panel will discuss the advantages and disadvantages of seeking motions for Rule 23(f) appellate review, decertification, reconsideration, or summary judgment.
Mr. Walters is the Practice Leader of the firm’s Product Liability and Mass Tort Group. He and his national team have a diverse trial and litigation practice focused on protecting product companies, and clients involved in technical matters, against a broad range of risks. As national counsel for several consumer product manufacturers, he has defended and coordinated product liability and consumer claims through trial in jurisdictions around the country. Mr. Walters has significant experience defending class certification proceedings, with a focus on consumer fraud and unfair trade practices.
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class actions and single plaintiff litigation, EEOC pattern or practice lawsuits, and wage & hour class and collective actions. Mr. Wozniak is a litigator with in-depth experience performing a broad range of outcome critical functions in support of complex matters having multi¬million dollar and business-essential consequences for some of the world’s largest corporations. His experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post-¬trial appeals.
Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he has represented clients in the chemical, consumer product, pharmaceutical, medical device, food and fragrance, and industrial products sectors when they face significant product liability and mass tort claims. Mr. Wajert has litigated cases in federal and state courts in dozens of jurisdictions.
Class action cases have the potential for high damages and defense costs. While defense counsel strive to dispose of class actions early to minimize liability exposure and control expenses, that is not always possible; and a strategy for defeating class certification after an initial adverse certification decision may be necessary.
Depending on the jurisdiction, post-certification challenges include seeking Rule 23(f) appellate review of the class certification ruling or pursuing motions for decertification, reconsideration, or summary judgment. The most effective approach will vary considerably according to the particular case, and state and federal courts may differ significantly in the stage at which the initial certification decision is made and, accordingly, their inclination to recognize post-certification arguments.
Our panel will present decertification efforts that occurred during and immediately after a trial. Ultimately, counsel must carefully consider the potential impact on settlement options of these arguments.
Listen as our authoritative panel examines strategies defense counsel may pursue following certification to defeat the class. FLSA collective actions are in some ways similar to Rule 23 class actions, and our panel will also offer insights related to decertification of FLSA collective actions. The panel will discuss the pros and cons of each type of post-certification challenge and factors to consider according to several different types of scenarios.
- Requesting reconsideration and review following class certification
- Motion for reconsideration
- Petition for appellate review
- Post-certification motions
- Motion for partial or total summary judgment
- Motion for decertification
- Other motions to consider
- Post-certification challenges unique to trial
The panel will review these and other challenging issues:
- Under what circumstances should counsel request a motion for decertification, reconsideration, or appellate review of the certification decision?
- What strategies have been successful for counsel seeking summary judgment following certification of a class?
- What factors should defense counsel consider in evaluating which post-certification option to pursue?
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