Beyond Predominance: Alternative Arguments Against Class Certification
Leveraging the Latest Court Decisions to Challenge Class Membership and Defeat Certification
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss various avenues for opposing class certification beyond Rule 23(b)(3)'s predominance requirement, including arguments related to ascertainability, typicality/adequacy, standing, and personal jurisdiction.
Outline
- Ascertainability
- Typicality and adequacy
- Article III standing
- Personal jurisdiction
Benefits
The panel will review these and other key topics:
- The federal circuit split on the ascertainability requirement
- Litigation strategies for challenging typicality and adequacy
- Different approaches to applying Spokeo v. Robins and Ramirez v. TransUnion L.L.C.
- Explore different approaches to absent members and personal jurisdiction
Faculty
Nina R. Rose
Partner
Skadden Arps Slate Meagher & Flom
Ms. Rose has extensive experience defending consumer fraud and false advertising class actions and product liability... | Read More
Ms. Rose has extensive experience defending consumer fraud and false advertising class actions and product liability cases. She has helped companies achieve victories on motions to dismiss, at summary judgment and at the class certification stage of litigation. She has also been involved in a number of successful class action appeals. She has written and spoken on strategies for disposing of class claims at the pleading stage, the role of expert witnesses at class certification, and other class action developments.
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Jordan M. Schwartz
Partner
Kirkland & Ellis
Mr. Schwartz is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents... | Read More
Mr. Schwartz is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents clients in purported class actions, multidistrict litigation and mass tort proceedings in federal and state courts. Mr. Schwartz has successfully represented an array of product manufacturers at both the trial and appellate levels. His briefings have resulted in the dismissal of multiple product liability and consumer fraud actions on the pleadings, at summary judgment and at the class certification stage. Mr. Schwartz also has successfully defended pharmaceutical companies in litigation commenced by state attorneys general alleging violations of consumer protection laws. In addition to representing companies in proceedings involving pharmaceutical and consumer products, he has represented the United States Chamber Institute for Legal Reform and the Product Liability Advisory Council, drafting amicus briefs on their behalf in cases affecting American businesses and product manufacturers. In September 2021, Mr. Schwartz provided expert testimony on behalf of the United States Chamber Institute for Legal Reform before the Ohio Senate Judiciary Committee regarding third-party litigation funding. He also has authored articles and white papers pertaining to various litigation reform measures, including proposals related to multidistrict litigation, class actions and third-party litigation funding. Mr. Schwartz has written extensively on developments in the law governing personal jurisdiction and other aspects of civil procedure.
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