Rule 23(c)(5) Subclasses: Certification, Due Process, Adequate Representation, and Settlement

Plaintiffs can define and propose subclasses to address unique issues or to resolve potential intra-class conflicts of interest. Counsel opposing certification will want to emphasize the intra-class conflict as reason to deny certification and show how subclasses render class treatment unmanageable.Due process requires adequacy of representation for all class members, including subclasses. Circuit courts have overturned settlements if they see conflicts of interest among subclasses and the failure of class counsel to ensure independent representation of subclasses.Listen as this experienced panel of class action litigators guides both plaintiff and defense counsel through the effective use of subclasses to resolve the case.

Outline

  1. Statutory basis of subclasses
  2. Types of cases and issues best suited for subclasses
  3. Resolving conflicts of interest among subclasses
Strafford and HB Logos

On Demand CLE Webinar

A Strafford production specially selected for HB audiences.

Speakers

Wystan Ackerman
Partner
Robinson & Cole

James Francis
Co-Founder
Francis Mailman Soumilas

Kristen Simplicio
Partner
Tycko & Zavareei

Benefits

The panel will review these and other key issues:

  • What are the tell-tale signs that a subclass is needed or required?
  • When can subclasses be created?
  • Can there be subclasses within subclasses or is predominance destroyed?
  • What are the due process concerns with subclasses and subclass representation?
  • What should defense counsel consider when deciding whether to oppose certification of subclasses?