Rule 23(b)(3) Class Action: 2015 Updates
Rule 23 governs the procedure and conduct of class action suits brought before the Federal courts.
This CLE course offers attendees an overview of the latest trends and best practices with respect to Rule 23(b)(3) Class Actions. A panel of thought leaders and practitioners assembled by The Knowledge Group will help firms and their counsel better understand how to apply this law or defend businesses and clients under litigation.
Key topics include:
- Rule 23 (b)(3): Determinants to Certify Class Superior
- When is Class Action Maintained?
- Class Action Requirements
- Coverage of the Rule 23(b)(3)
- Advantage and Disadvantage of Rule 23 (b)(3) Class Action
Ascertainability and Standing of Absent Class Members under Rule 23(b)(3)
- Although not a specific requirement of Rule 23(b)(3), ascertainability of class members is a facet of the rigorous analysis requirement for class certification.
- Recent cases such as Carrera v. Bayer Corp. and EQT Prod. v. Adair have expanded the importance of ascertainability in class certification.
- Related to ascertainability is the question of whether absent class members must have an “injury in fact” to establish standing.
- A conflict current exists among the federal circuits as to whether standing of absent class members should be considered at the class certification stage under Rule 23(b)(3).
Koskie Minsky LLP
The interrelationship between proceedings under rule 23 and proceedings in Canada
- How does the test for certification differ in Canada from that under rule 23?
- What types of cases are easily certified in Canada that are not normally certified in the United States and vice versa?
- How does Canada’s “loser pays” costs system differ from the American costs system?
- How have our respective Supreme Courts looked at class actions recently?
Who Should Attend:
- Attorneys General
- Corporate Attorneys and Advisers
- In-House Lawyers
- Chief Executive Officers
- Senior Management and Executives
- Legal Executives and Officers
- Top Level Management
- Corporate Counsel
- Other Related/Interested Professionals and Organization
Jeffrey R. Seewald is a member of McGlinchey Stafford’s Houston office, primarily focusing his practice in the representation of consumer financial services clients in complex litigation matters and in class actions. Prior to joining the firm, Jeff was assistant general counsel for a national bank for 12 years where he managed complex litigation matters and the defense of class actions. He has personally represented clients in class actions in many state and federal courts throughout the U.S. including the defense of claims involving issues such as predatory lending, mortgage and auto finance yield spread premiums, credit card fees and practices, collateral protection insurance, mortgage related fees, insurance packing, credit insurance fees, consumer leases, payday loans, mortgage escrow practices, debt collection practices, and causes of action arising under the TILA, HOEPA, FDCPA, FCRA, RESPA, RICO and state UDAP laws.
Jeffrey R. Seewald is a member of McGlinchey Stafford’s Houston office, primarily focusing his practice in the representation of consumer …
Scott Robinson joined the firm as an Associate in the Litigation Group after articling as a judicial law clerk for the Ontario Superior Court of Justice. His practice focuses primarily on class proceedings.
Scott received his J.D. from the University of Western Ontario in 2013, where he was a member of the Dean’s List. He also holds a B.A. (Hons.) from the University of Windsor, where he studied abroad at the University of Wales in the UK during his third year of study.
In law school, Scott served as a judicial law clerk for the UN International Criminal Tribunal for the former Yugoslavia and for the Superior Court of California. In addition, he competed internationally in the Philip C. Jessup International Law Moot Court Competition and served as the Canadian Editor-in-Chief of the Canada-United States Law Journal. During his articling year, Scott was selected by the Ontario Bar Association to serve as an Articling Student Ambassador. He was also selected to attend The Hague Academy of International Law during summer 2014.
Scott Robinson joined the firm as an Associate in the Litigation Group after articling as a judicial law clerk for …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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About McGlinchey Stafford
McGlinchey Stafford is a full-service law firm providing innovative legal counsel to business clients nationwide. Guiding clients wherever business and law intersect, McGlinchey Stafford’s 185 attorneys are based in eleven offices in California, Florida, Louisiana, Mississippi, New York, Ohio and Texas. For more information, visit www.mcglinchey.com.
About Koskie Minsky LLP
The law firm of Koskie Minsky has established a unique reputation and position within the Canadian legal community as a firm of skilled counsel providing highly experienced and effective legal services to both public and private sector clients.
Widely acknowledged as one of Canada's pre-eminent firms in the areas of Trade Union Labour Law, Employment Law, Civil Litigation, Class Actions, and Pension & Benefits, Koskie Minsky continues to build a flexible, multi-faceted practice.
Focused on the needs of clients, we remain committed to providing authoritative and innovative counsel, cost-effective solutions, and client service of the highest possible quality. Koskie Minsky provides counsel in a wide variety of areas.