BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Class Certification: Guidance From Olean v. Bumble Bee on Expert Testimony, Uninjured Class Members, Standing

Ongoing Implications of the Ninth Circuit's Groundbreaking En Banc Decision

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Olean addresses numerous key class certification issues and outlines a refined framework for class certification that may extend beyond the Ninth Circuit.

The decision clarifies the burden of proof under Rule 23 and a district court's obligation to assess both the admissibility of expert evidence and its adequacy to satisfy the prerequisites of Rule 23.

Counsel will need to understand Olean's holding regarding uninjured class members. While the Ninth Circuit rejected a categorical rule that a class cannot be certified if it includes more than a de minimis number of uninjured members, it emphasized that injury, both as an element of the underlying claim and as a requirement of Article III, is an essential issue in determining whether Rule 23(b)(3)'s predominance requirement is satisfied.

Listen as this panel of preeminent class action lawyers discusses how Olean will affect certification and offers new strategies to consider.

Presented By

Kevin P. Daly
Counsel
Robinson & Cole LLP

Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of Robinson+Cole's Business Litigation Group and Manufacturing Industry Team.

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Jonathan Rubin

Mr. Rubin was formerly an antitrust partner at Patton Boggs LLP in Washington, D.C. For the past 15 years, he focused his legal practice exclusively on antitrust and competition law and policy.

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Credit Information

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, November 16, 2023

  • schedule

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

  1. Overview of case history
  2. Key holdings of Olean
  3. Strategies for applying Olean's holdings
  4. Decisions applying Olean

The panel will discuss these and other critical issues:

  • How will the issue of uninjured class members impact class certification after Olean?
  • How will Olean change the use of expert testimony at the class certification stage?
  • How will Olean’s guidance impact consumer and employment class actions?