class certification Archives

Beyond Predominance: Alternative Arguments Against Class Certification
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Beyond Predominance: Alternative Arguments Against Class Certification

Beyond Predominance: Alternative Arguments Against Class Certification

June 28th, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: antitrust, antitrust litigation, class actions, class certification, Class Certification Under 23(c)(4) of the Federal Rules, CLE, cle webinar, cle webinars, hb litigation, Insurance Litigation|

Beyond Predominance: Alternative Arguments Against Class Certification Leverage the Latest Court Decisions to Challenge Class Membership and Defeat Certification. Class certification proceedings often focus on whether common issues predominate over individual issues. Recent decisions, however, highlight the importance of raising arguments beyond those afforded by Rule 23(b)(3)--including arguments arising from other subsections of Rule 23 and those originating in the case law. Join our panel as they discuss recent developments concerning several such avenues for defending against certification, including: Ascertainability. Ascertainability demands that class action plaintiffs present a mechanism for identifying prospective class members before the class is certified. Panelists will explain the federal circuit split on ascertainability issues, discuss recent decisions denying class certification on this ground, and provide insight regarding which arguments seem to be well received in different jurisdictions. Typicality and adequacy. Rule 23(a)'s typicality and adequacy requirements prevent certification if [...]

Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits
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Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits

Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits

February 15th, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: admissibility, class action, class certification, CLE, cle webinar, cle webinars, hb litigation, litigation discovery|

Class Certification Evidence What Are the Standards of Admissibility and Probative Value Among the Circuits? Numerous splits exist among the circuits on two key certification issues: What is required to prove the elements for class certification and whether plaintiff's certification evidence must be admissible. Further, courts apply different admissibility standards to fact evidence than to expert evidence. Certain courts have issued clear guidance on these important issues, while others have remained circumspect, sending mixed signals. This is particularly vexing for defendants, who may be sued in more than one district or circuit. What is sufficient for class certification in one jurisdiction may be inadequate in another. With standards unsettled, counsel must anticipate and preserve the right to revisit class certification by preserving all objections and the factual record. Listen as the panel of class action attorneys discusses the standards of admissibility of evidence at certification and best [...]

Class Certification After Olean v. Bumble Bee with Jonathan Rubin of MoginRubin LLP
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Class Certification After Olean v. Bumble Bee with Jonathan Rubin of MoginRubin LLP

Class Certification After Olean v. Bumble Bee with Jonathan Rubin of MoginRubin LLP

July 19th, 2022|Categories: Emerging Issues Webinars, Emerging Litigation & Risk, Featured On-Demand, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, New Webinars|Tags: antitrust, class actions, class certification, emerging litigation, emerging litigation podcast, Expert Witnesses, hb litigation, jonathan rubin, litigation articles, MoginRubin|

Featured Speaker Jonathan focuses his practice exclusively on antitrust and competition law and policy. As a litigator, he has led trial teams in major antitrust cases in courts throughout the country. As a thought-leader in competition law, he has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, the University of Wisconsin, and the American Antitrust Institute. Jonathan has also made several appearances before congressional committees. More About Rubin On Demand Registration Class Certification After Olean v. Bumble Bee Produced by Strafford Thursday, August 11, 2022 1:00pm-2:30pm EDT, 10:00am-11:30am PDT Regular price: $247 Register here and get 50% off Expert Testimony, Uninjured Class Members, and Article III Standing This CLE course will discuss the ramifications arising from the [...]

Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification
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Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification

Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification

April 14th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: antitrust, class actions, class certification, emerging litigation, emerging litigation podcast, hb litigation, litigation articles, MoginRubin|

The Authors Co-founding partner at MoginRubin LLP, Jonathan Rubin focuses his legal practice exclusively on antitrust and competition law and policy. Based in Washington, DC, he has litigated and led trial teams in major antitrust cases throughout the country. He has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, and the American Antitrust Institute. Dan Mogin, founding and managing partner of MoginRubin LLP, concentrates his practice on antitrust, unfair competition and complex business litigation. He has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law and was editor-in-chief of a leading competition law treatise. Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification “Nothing in Rule 23 [...]