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Key Class Certification Issues From 2020 And What To Look For In 2021

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Thursday, April 29, 2021
02:00 PM - 03:00 PM ET

This webinar will discuss several key issues and decisions from 2020 that have had a significant and practical impact on class certification practice— from taking discovery of absent class members to the divergent views on what, if anything, must be shown to demonstrate that a class is actually ascertainable at the time of certification.

The webinar also will discuss several critical legal issues that the US Supreme Court has already tackled and/or will tackle in 2021—all of which will significantly impact class actions, including under what circumstances a class may be certified. We will discuss not only the ever-changing state of class action law, but also the practical implications of these legal issues, decisions, and anticipated rulings in the context of defending against class actions.

2020 ISSUES/TRENDS

  • Whether class certification requires ascertainability, and, if so, its scope – discussing the circuit split and what it means practically
  • Personal jurisdiction challenges to the claims of absent class members – if, when, and where to make the challenge
  • Discovery regarding and/or from absent class members – limiting the burdens, while trying to build the record for class certification

2021 ISSUES/TRENDS

  • Limiting the scope of TCPA liability in class actions –  Facebook v. Duguid
  • Article III standing requirements for absent class members – Ramirez v. TransUnion
  • The presumption of reliance in securities class actions and reaching the merits at class certification – Goldman Sachs Group v. Arkansas Teacher Retirement System

CLE credit: CLE credit in CA, FL, IL, NJ (via reciprocity), NY, PA, TX, and VA is currently pending approval.