Defeating Class Actions Post-Certification: Procedural and Substantive Strategies
Pursuing Rule 23(f) Appeals, Decertification, Reconsideration, Summary Judgment, and Other Post-Certification Motions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide class action defense counsel in the strategies and logistics for pursuing post-certification procedural and substantive motions and appeals. The panel will discuss the advantages and disadvantages of seeking motions for Rule 23(f) appellate review, decertification, reconsideration, or summary judgment.
Outline
- Requesting reconsideration and review following class certification
- Motion for reconsideration
- Petition for appellate review
- Post-certification motions
- Motion for partial or total summary judgment
- Motion for decertification
- Other motions to consider
- Post-certification challenges unique to trial
Benefits
The panel will review these and other challenging issues:
- Under what circumstances should counsel request a motion for decertification, reconsideration, or appellate review of the certification decision?
- What strategies have been successful for counsel seeking summary judgment following certification of a class?
- What factors should defense counsel consider in evaluating which post-certification option to pursue?
Faculty
Sean P. Wajert
Partner
Shook Hardy & Bacon
Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he... | Read More
Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he has represented clients in the chemical, consumer product, pharmaceutical, medical device, food and fragrance, and industrial products sectors when they face significant product liability and mass tort claims. Mr. Wajert has litigated cases in federal and state courts in dozens of jurisdictions.
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Neal Walters
Partner
Ballard Spahr
Mr. Walters is the Practice Leader of the firm’s Product Liability and Mass Tort Group. He and his national team... | Read More
Mr. Walters is the Practice Leader of the firm’s Product Liability and Mass Tort Group. He and his national team have a diverse trial and litigation practice focused on protecting product companies, and clients involved in technical matters, against a broad range of risks. As national counsel for several consumer product manufacturers, he has defended and coordinated product liability and consumer claims through trial in jurisdictions around the country. Mr. Walters has significant experience defending class certification proceedings, with a focus on consumer fraud and unfair trade practices.
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Peter J. Wozniak
Partner
Barnes & Thornburg
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class... | Read More
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class actions and single plaintiff litigation, EEOC pattern or practice lawsuits, and wage & hour class and collective actions. Mr. Wozniak is a litigator with in-depth experience performing a broad range of outcome critical functions in support of complex matters having multi¬million dollar and business-essential consequences for some of the world’s largest corporations. His experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post-¬trial appeals.
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