Class Action and Mass Action Developments:New and Emerging Procedural Considerations;the Continuing Impact of Dukes and Its Progenyon Certification;…

October 23, 2014 11:45am


Rik Tozzi
Burr & Forman LLP

Simon Fleischmann

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