A Focus on Residential Mortgage Class Actions:New and Emerging Cases and Theories, theContinuing Impact of

September 22, 2014 1:45pm


Rik Tozzi
Burr & Forman LLP

Anthony J. Laura
Epstein Becker & Green

Paul J. Ferak

Greenberg Traurig, LLP

  • Class action trends involving residential mortgage litigation
    • What recent cases tell us about what may be coming next
  • Recent Supreme Court decisions and the trickle-down effect of those decisions on residential mortgage class action litigation
  • Removability of AG actions under CAFA
  • New CAFA removal and misjoinder issues
  • Recap of relevant cases
    • Knowles
    • Hood v. AU Optronics
  • New and emerging class action claims and how to defend against them
    • Where plaintiffs are filing class actions and why
      • Using this information to structure your case
  • Assessing the continuing impact of Wal-Mart and its progeny on 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
    • Settlement considerations
      • Making the decision to settle, and ensuring effective client communication throughout the settlement process
      • Evaluating tradeoffs in scope of class and release; creating a comprehensive settlement order