Class Action and Mass Action Developments:New and Emerging Procedural Considerations;the Continuing Impact of Dukes and Its Progenyon Certification;…
Burr & Forman LLP
Locke Lord LLP
Richard E. Gottlieb
Manatt, Phelps & Phillips, LLP
- Assessing the evolving landscape of class action law and their impact on consumer finance litigation
- Federal jurisdiction in class actions and mass actions
- Overview of recent noteworthy class action cases and settlements: Supreme Court’s new term; Cases being heard effecting the class action landscape
- Class certification
- Most successful approaches to obtaining and resisting class certification
- What is required in order to obtain or defeat class certification?
- How have defense counsel used Wal-Mart and Comcast?; how and to what extent are they succeeding? Failing
- Assessing the evolving implications of Wal-Mart for class certifications
- How are the lower courts applying Wal-Mart?
- Defeating plaintiffs’ theories as to why Wal-Mart and its progeny should not apply to a particular case
- Evaluating recent developments relating to Rule 23(b) class certifications
- Using expert testimony and data to make a direct challenge to a class certification
- Rule 68 offers of judgment
- Offers of judgment and the ability to moot a class action by extending a class representative an offer of full relief: Genesis HealthCare v. Symczyk
- New CAFA developments
- Developments in removal: New developments relating to jurisdiction and removal under CAFA
- Class settlement trends and update
- What aspects of class settlements are courts focusing on?
- Tailoring notice programs to current technology
- What types of cases are likely to be settled now and in the near-term?
- Innovative and effective settlement strategies
- Strategic benefits of settling with a class representative
- Impact that insurance can have on settlement strategies
- Latest in consent judgments with covenants not to enforce
- Intersection of regulatory, AG and private litigation and CAFA’s applicability to state attorney general suits