Preclusion in Class Actions: How Judgments and Releases Can Prevent Future Litigation
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide class action lawyers in asserting or challenging the preclusive effect of class releases and class judgments on future claims. The program will review what trial strategies and release language result in the broadest relief and finality, how preclusion can be asserted or avoided by the parties' successors, heirs and assigns even decades after the settlement or judgment, and the effect of notice and other class action procedures on the enforceability of releases and judgments and the effect of broad releases on class settlement approval.
Outline
- Preclusive effects of judgments on class
- Claim preclusion
- Individualized claims
- Injunctive relief and future money damages
- Governmental actions
- Preclusive effects of settlements
- Claims that could not be brought
- Parties beyond the court's jurisdiction
- Issue preclusion
- Defense preclusion after Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc., 590 U.S. ___ (2020).
Benefits
The panel will review these and other issues:
- How does the identical factual predicate standard differ from the "same set of operative facts" test?
- Does a court have the power to release claims beyond its jurisdiction to adjudicate?
- Can defendants use a prior judgment or release against those who elected not to participate in the class action, objectors, certification issues, or merits litigation?
- What is the kind of language in a release that will provide the broadest or narrowest releases?
Faculty
John E. Goodman
Partner
Bradley Arant Boult Cummings
Mr. Goodman has represented clients in complex litigation for more than 25 years. His practice is principally in the... | Read More
Mr. Goodman has represented clients in complex litigation for more than 25 years. His practice is principally in the area of class action and mass action defense, having served as lead counsel in more than 100 putative class actions and in more than 20 different states. Mr. Goodman’s work in this area has covered a broad spectrum of substantive law, including securities, product liability, environmental, employment, contract and insurance class actions, and has likewise spanned a wide variety of industries. He has also litigated competition law issues, serving as lead counsel for businesses in more than 50 antitrust, intellectual property and noncompetition covenant cases.
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Robert J. Herrington
Co-Chair, Class Action Litigation Group
Greenberg Traurig
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false... | Read More
Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.
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Todd Jackson
Partner
Feinberg Jackson Worthman & Wasow
Mr. Jackson represents employees in class action cases involving overtime pay, pension benefits and employment... | Read More
Mr. Jackson represents employees in class action cases involving overtime pay, pension benefits and employment discrimination. He has successfully served as lead counsel or co-lead counsel in numerous class actions, collectively resulting in over $250 million in recovered wages and benefits. Mr. Jackson is a frequent speaker at legal conferences on employee benefits law and wage and hour law.
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