Understanding Article III Standing and Rule 23(b)(3) Certification: Latest Trends and Challenges in 2016 and Beyond
It is very common in class action defense to raise Article III standing to defeat class certification. Under Article III, the constitutional requisites are that the plaintiff must personally have suffered an actual "injury-in-fact" that can fairly be traced to the defendant's alleged conduct and that the injury is likely to be redressed by a favorable court decision.
The Knowledge Group assembled a panel of key thought leaders and professionals to provide the audience with an in-depth understanding of the latest trends and regulatory challenges on Article III Standing and Rule 23(b)(3) Certification. Speakers will also offer best strategies on how to win or defeat class certification.
In a two-hour LIVE Webcast, the speakers will discuss:
- Overview of Article III of the Constitution
- Understanding Rule 23(b)(3) of Federal Rules of Civil Procedures
- Recent Class Action Decisions Addressing Article III Standing
- Strategies for Class Certification
Michael P. Daly, Partner
Drinker Biddle & Reath LLP
- An Overview of Rule 23(b)(3)’s predominance and superiority requirements
- The inferiority of “no injury” class actions seeking solely statutory damages
- Different procedural vehicles for challenging class action allegations
- Due Process as a guiding principle in opposing class certification
- Standing: Spokeo, Inc. v. Robins and injuries in fact vs. injuries at law
- Mootness: Offers of complete relief after Campbell-Ewald Co. v. Gomez
Anne Johnson Palmer, Partner
Ropes & Gray LLP
- Article III standing for antitrust class actions
- Evaluating injury and standing for antitrust claims, particularly at the class certification stage:
- Unique issues with respect to indirect purchaser plaintiffs and claims of pass-through
- Allegations that a reduction in quality serves as injury in fact for purposes of standing and class certification
- Evolving law on the “rigorous analysis” standard as applied to expert testimony on injury
- Standing issues for class certification motions in antitrust actions, specifically attempts to apply California law to non-California class members
Steven D. Atlee, Partner
Stroock & Stroock & Lavan LLP
- California consumer protection perspective: Unfair Competition Law and Consumer Legal Remedies Act standing and certification issues, focusing on the requirements of injury in fact (lost money or property), causation and reliance, and the different standards that apply with regard to standing and certification. Major cases are Kwikset and Tobacco II.
- Statutory damages and Article III standing; focusing on Spokeo Inc. v. Robins and Tyson v. Bouaphakeo.
- Injunctions and Article III standing/mootness; comparing cases which have found no standing with those finding standing in order to promote consumer protection. For example:
- No standing:
- Campion v. Old Republic Home Protection Co., 861 F. Supp. 2d 1139 (S.D. Cal. 2012) (no standing because plaintiff has knowledge of defendant’s alleged misconduct)
- Castagnola v. Hewlett-Packard Co., No. 11-cv-05772, 2012 WL 2159385 (N.D. Cal. June 13, 2012) (same)
- Standing exists:
- Ries v. Arizona Beverages USA, No. 10–01139 RS, 2012 WL 5975247 (N.D. Cal. Nov. 27, 2012) (plaintiff should be able to rely on future representations that the drink is “natural”)
- Koehler v. Litehouse, Inc., No. 12-cv-04055, 2012 WL 6217635 (N.D. Cal. Dec. 13, 2012) (injunctive relief is proper; otherwise, consumers would be unable to obtain relief under consumer protection laws)
- No standing:
Who Should Attend:
- Class Action Lawyers
- Attorneys General
- In-house Counsel
- Corporate Attorneys and Counsel
- Defense Counsel
- Legal Executives and Officers
- Senior Management and Executives
- Other Related/Interested Professionals and Organizations
Anne Johnson Palmer, a partner in the San Francisco office, represents clients in securities and complex commercial disputes, with a particular focus on the resolution of class action litigation. Anne has represented a diverse range of companies and organizations, including consumer products companies and private equity firms and their portfolio companies, that have been confronted with antitrust, consumer protection, and securities fraud class actions. She also has advised clients in connection with internal investigations and responses to SEC inquiries, M&A litigation and shareholder derivative actions, and litigation matters arising from data security breaches. Anne has appeared before state and federal courts throughout the country, including in multi-district litigation matters, and is a member of the firm's business and securities litigation group.
Anne Johnson Palmer, a partner in the San Francisco office, represents clients in securities and complex commercial disputes, with a …
Michael P. Daly is a partner with Drinker Biddle & Reath LLP, a leader of its class action practice, and the senior editor of its TCPA Blog. His practice focuses on class action litigation, appellate litigation, and customer-facing contracts and marketing. He regularly defends consumer class actions involving issues such as advertising, labeling, billing, telemarketing, credit reporting and debt collecting. He counsels clients on all aspects of class actions, including removing actions, compelling arbitration, enforcing class action waivers, coordinating multidistrict litigation, enjoining parallel proceedings, striking class action allegations, opposing certification, negotiating settlements, designing notice and claims programs, and defending settlements from objections and attacks.
Michael P. Daly is a partner with Drinker Biddle & Reath LLP, a leader of its class action practice, and …
Steve Atlee litigates complex commercial matters, including class actions, business torts, intellectual property, securities, contract, and other disputes. Mr. Atlee has broad experience handling consumer class actions, unfair competition, false advertising, trademark, trade secrets, patent, professional liability, telecommunications, securities fraud, and property disputes. He routinely first-chairs matters on behalf of his clients before juries, judges, arbitrators, and mediators. Mindful of his clients' business goals, Mr. Atlee approaches cases strategically to achieve the desired outcome in a productive and cost-effective manner. This can include early motion practice and proactive use of alternative dispute resolution as well as targeted discovery. Mr. Atlee is a Member of the Board of Directors of the American Red Cross, Greater Los Angeles Region and the Western Center of Law & Poverty. He is a member of the Planning Committee for the USC Intellectual Property Institute. Mr. Atlee received his B.A. Summa Cum Laude from Yale University and his J.D., Order of the Coif from USC Gould School of Law.
Steve Atlee litigates complex commercial matters, including class actions, business torts, intellectual property, securities, contract, and other disputes. Mr. Atlee …
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About Ropes & Gray LLP
Ropes & Gray LLP is a leading global law firm with offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo, and Seoul. Built on a foundation of 150 years of forging strong client relationships, Ropes & Gray has over 1,100 lawyers and professionals representing interests across a broad spectrum of industries in corporate law and litigation matters, as well as counseling on labor and employment issues, tax and benefits, creditors’ rights, and private client services. The firm’s clients include leading industrial companies, financial institutions, government agencies, hospitals and health care organizations, colleges and universities, as well as families and individuals.
About Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP is a national law firm with more than 600 lawyers in 12 offices that represent clients in a broad spectrum of industries. The firms offer a comprehensive range of traditional practices and significant national practices in class actions, products liability and mass torts, corporate and securities, government relations, healthcare, intellectual property, insurance, investment management, private equity, bankruptcy, real estate, energy, environmental, education and communications.
About Stroock & Stroock & Lavan LLP
Stroock & Stroock & Lavan LLP is a law firm providing transactional, regulatory and litigation guidance to leading financial institutions, multinational corporations, investment funds and entrepreneurs in the U.S. and abroad. Our emphasis on excellence and innovation has enabled us to maintain long-term relationships with our clients and made us one of the nation’s leading law firms for almost 140 years. Stroock’s practice areas include capital markets/securities, commercial finance, mergers, acquisitions and joint ventures, private equity, private funds, commodities and derivatives, employment law and benefits, energy and project finance, entertainment, environmental law, financial restructuring, financial services litigation, government relations, insurance, intellectual property, investment management, litigation, national security/CFIUS, personal client services, real estate, structured finance and tax.