TransUnion's Standing Analysis and Class Certification: Practical Defense Strategies for Attacking Standing Early

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, February 2, 2023
- 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 webinar will provide class counsel with an overview of the current legal landscape surrounding the U.S. Supreme Court's recent decision in TransUnion L.L.C. v. Ramirez, 141 S. Ct. 2190 (2021). The panelists will examine the latest and varying court rulings as to how the Supreme Court's standing analysis affects the parties at the class certification stage and discuss defense strategies for utilizing TransUnion to attack standing at the early stages of class action litigation.
Faculty

Mr. Schwartz is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents clients in purported class actions, multidistrict litigation and mass tort proceedings in federal and state courts. Mr. Schwartz has successfully represented an array of product manufacturers at both the trial and appellate levels. His briefings have resulted in the dismissal of multiple product liability and consumer fraud actions on the pleadings, at summary judgment and at the class certification stage. Mr. Schwartz also has successfully defended pharmaceutical companies in litigation commenced by state attorneys general alleging violations of consumer protection laws. In addition to representing companies in proceedings involving pharmaceutical and consumer products, he has represented the United States Chamber Institute for Legal Reform and the Product Liability Advisory Council, drafting amicus briefs on their behalf in cases affecting American businesses and product manufacturers. In September 2021, Mr. Schwartz provided expert testimony on behalf of the United States Chamber Institute for Legal Reform before the Ohio Senate Judiciary Committee regarding third-party litigation funding. He also has authored articles and white papers pertaining to various litigation reform measures, including proposals related to multidistrict litigation, class actions and third-party litigation funding. Mr. Schwartz has written extensively on developments in the law governing personal jurisdiction and other aspects of civil procedure.

Mr. Wyatt is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents clients in product liability, class action, and False Claims Act litigation, with extensive experience at both the trial and appellate levels. Mr. Wyatt defends companies as part of a team that focuses on global litigation strategy, trial, and law and motions practice in complex proceedings in federal and state courts. He has represented an array of companies in proceedings involving medical, industrial and consumer products. Mr. Wyatt's experience spans a range of different cases. He has extensive litigation experience in state and federal courts, including courts of appeals and the United States Supreme Court. He has been successful in securing appellate victories in several cases for his clients, including at the interlocutory stage, often establishing new precedents that bear favorably on related cases in ongoing proceedings. Mr. Wyatt also has extensive experience handling expert motion issues. He has developed strategies for defeating highly complex but speculative and unscientific theories and disrupting mass proceedings. Mr. Wyatt also has worked with defense experts to develop reports and prepare for depositions in order to implement those strategies, taking a lead role in motion practice concerning the admissibility of expert testimony. He publishes frequently on matters relevant to his practice, including on issues relating to multidistrict litigation and class action procedure, among other things. Mr. Wyatt has been named as a leading lawyer in Chambers USA since 2021. In 2013, he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship.
Description
In June 2021, the Supreme Court made a simple pronouncement in TransUnion L.L.C. v. Ramirez: "No concrete harm, no standing." In the ruling, the Court struck down a rare class action jury verdict on the ground that a significant portion of the class lacked Article III standing since they had never actually been injured by the defendant's conduct. Thus, the Supreme Court clarified that a class award cannot stand where significant portions of a class never actually experience any concrete injury.
What the Supreme Court did not clarify, however, is how this seemingly simple pronouncement affects the earlier stages of class litigation. While the Court made clear that a classwide verdict and damages award cannot stand when the class contains substantial numbers of uninjured members, it did not explain how lower courts should apply that holding at (for example) the class-certification stage.
Now, in the aftermath of TransUnion, federal courts are divided on a number of questions, such as when to conduct an Article III standing analysis, how searching that analysis should be done, and how many uninjured plaintiffs are too many.
Listen as our authoritative panel highlights the current legal landscape surrounding Article III standing in class actions--both before and after TransUnion. The panel will analyze recent federal court decisions grappling with the Court's pronouncement in TransUnion and offer practical approaches to leveraging TransUnion’s analysis at earlier stages in class litigation.
Outline
- The legal landscape pre-TransUnion
- The TransUnion decision
- Leveraging post-TransUnion authority to defeat class actions early on in litigation
Benefits
The panel will review these and other critical issues:
- How has TransUnion affected the Article III standing analysis?
- What is the current state of the law post-TransUnion?
- When is a TransUnion challenge most appropriate?
- How can class counsel develop effective strategies to leverage TransUnion in their litigation?
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