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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, September 15, 2022

  • 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 course will discuss advantages and disadvantages of consolidation, approaches to consolidation among different jurisdictions, and strategic considerations related to discovery, class certification, res judicata, and other vital issues. The panel will offer strategies for navigating the push for consolidation, how defense counsel can avoid making admissions against interest, and how plaintiffs' counsel might use consolidation arguments to bolster certification.

Faculty

Michael J. Ruttinger
Partner
Tucker Ellis

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.

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Ethan W. Weber
Attorney
Tucker Ellis

Having served as a judicial law clerk to both the Honorable J. Philip Calabrese (United States District Court, Northern District of Ohio) and the Honorable Douglas R. Cole  (United States District Court, Southern District of Ohio), Mr. Weber gained substantive knowledge about federal litigation in the areas of employment law, securities, class actions, complex insurance coverage, and trade secret misappropriation, among others. He also became familiar with the jurisdictional and procedural nuances of federal litigation, giving him an inside perspective that helps him advocate for clients engaged in all types of federal and state litigation.

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Angelo A. Stio
Partner
Troutman Pepper Locke LLP

Mr. Stio is a first-chair litigator who tries cases in courts and arbitration tribunals throughout the United States. His practice focuses on financial services issues, higher education law, and data privacy and security. Mr. Stio has a long track record of handling class actions and complex commercial disputes, and is also experienced in federal appellate court. He is a recognized as a Local Litigation Star by Benchmark Litigation (2019-2021) and by New Jersey Super Lawyers (2011-2017) for business litigation.

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Description

With increasing frequency, counsel defending clients in class action litigation must be prepared to defend their clients in multiple putative class actions filed in different jurisdictions, but based on the same underlying conduct. This presents several complex issues, including strategic considerations related to consolidation of class action proceedings as well as legal issues related to removal and remand under the Class Action Fairness Act. Indeed, consolidation may make removal an option that would not otherwise be available.

Consolidation, however, can be tricky for counsel defending class actions. When deciding on consolidation, courts typically look to the convenience of the parties and the just and efficient conduct of the litigation. Courts may highlight similarities among defendants and defenses. Much of this analysis concerns avoiding duplicative efforts, especially in discovery. But while consolidation can streamline defense strategies and reduce costs, counsel must be cautious because the same arguments that can be made regarding efficiency and convenience to be gained by consolidation can be used by class action plaintiffs to argue in favor of class certification on grounds such as “commonality” and “superiority.”

Listen as this experienced panel of class action attorneys discusses best strategies for navigating the thorny issues of class action consolidation.

Outline

  1. Statutory authority to consolidate class actions
  2. Overlap between consolidation and certification issues
  3. Recent cases consolidating class actions
  4. Defense strategies

Benefits

The panel will discuss these and other key issues:

  • Can cases be consolidated before certification?
  • What are the most critical factors defense counsel should consider when seeking consolidation?
  • What safeguards prevent conceding points related to common questions of law and fact?
  • What issues are best for consolidation?
  • Can consolidation keep cases in federal court that would otherwise be remanded?