Parallel State and Federal Court Class Actions: Navigating Procedural and Substantive Challenges

It is common in consumer class actions for multiple groups of plaintiffs allegedly injured by a deceptively marketed or labeled, defective, or price-fixed product to file parallel class actions, with some groups filing claims in state court and others in federal court. Managing parallel class actions is complicated, with each case operating on its own procedural timeline and the heightened risk that information from one proceeding may adversely impact the parallel proceeding. These complexities make it critical for class litigators to carefully coordinate the proceedings and develop an effective litigation strategy.

There are a variety of strategic and practical considerations for counsel confronted with parallel state and federal court class actions, including whether to seek to stay, enjoin or dismiss one of the proceedings, as well as how to navigate complex discovery procedures in multiple venues, address evidentiary issues, and deal with expert witnesses. Counsel must also understand and leverage the rules of multiple jurisdictions governing the preservation of privileges and confidentiality.

Listen as our authoritative panel of class action attorneys discusses strategies for both plaintiff and defense counsel to effectively manage and litigate parallel state and federal court class actions.

1. Recent court developments impacting parallel class actions
2. Best practices for coordinating parallel proceedings
3. Discovery management in parallel litigation
4. Evidence issues in parallel litigation
5. Dealing with expert witnesses

The panel will review these and other key issues:

• How are courts ruling in parallel class actions in which counsel requests a stay of one of the proceedings?
• What are some considerations and best practices for class action counsel for managing discovery, evidentiary issues and expert witnesses in parallel class actions?
• How can counsel best ensure that information revealed in a state court proceeding does not adversely impact the federal court proceeding, or vice versa?