Rule 23(c)(4) Issue Certification:
Reconciling the Conflict with the 23(b)(3) Predominance Requirement
Outline
- The emergence of issue classes under Rule 23(c)(4)
- What is an issue class?
- How are they being strategically used?
- Where are the grey areas?
- Key court decisions on issue class certification
- Textual and historical analysis of Rule 23(c)(4)
- Strategies for defending the trial of “issue” classes
Details
Recorded 10/6/2022
Regular price $297*
Speakers
Timothy E. Congrove
Partner
Shook, Hardy & Bacon
Gerald L. Maatman Jr.
Partner
Duane Morris
Jennifer L. Mesko
Partner
Tucker Ellis
James P. Muehlberger
Co-Chair, Food, Beverages & Agribusiness Practice Group
Shook, Hardy & Bacon
Benefits
The panel will review these and other key issues:
- What is the tension between the requirements of Rule 23(c)(4) and Rule 23 (b)(3), and how are courts reconciling the conflict?
- What impact does the rise in issue class certifications have on the trial and settlement of class claims?
- How class action practitioners leverage the various circuit court opinions on Rule 23(c)(4) issue classes at the certification stage