Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)'s Predominance Requirement

This CLE webinar will provide class counsel with a review of how courts are applying Rule 23(c)(4) in cases where plaintiffs request class certification of only certain limited issues. The panel will discuss considerations and strategies for litigating cases involving Rule 23(c)(4) issue classes based on recent case law trends and their own practical experiences.

Description

Rule 23(c)(4) of the Federal Rules of Civil Procedure allows a plaintiff to bring or maintain a class claim even if the action focuses on a limited issue or question and damages cannot be calculated on a classwide basis. There has been a marked increase in requests for issue class certification since the landmark Wal-Mart Stores Inc. v. Dukes ruling.

There is a split among the federal circuits on how requests for issue certification should be treated in light of Rule 23(b)(3)'s predominance requirement. Until uniform guidance develops, class counsel handling cases involving requests for issue certification must understand how courts across the country are ruling in these cases and how to best position their cases for success.

Listen as our panel of experienced class action litigators analyzes the varying circuit court positions on Rule 23(c)(4) issue classes and the anticipated impact of the decisions for practitioners pursuing or opposing class certification.

Outline

I.The emergence of issue classes under Rule 23(c)(4)
A.What is an issue class?
B.How are they being strategically used?
II.Key court decisions on issue class certification
III.Best practices for class counsel for litigating cases involving issue class certification

Benefits

The panel will review these and other key questions:

•What is the potential conflict 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 can the various circuit court opinions on Rule 23(c)(4) issue classes be leveraged by class action practitioners at the class certification stage?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

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