9th Annual Labor and Employment Law Conference
Presented by the ABA Section of Labor and Employment Law
Spotlight on JAMS Speaker: Linda R. Singer, Esq.
Date | Time: November 5, 2015 | 8:00 AM – 9:15 AM
Litigation/Class Action Topic: The Interplay between Rule 23(c)(4) and the Other Provisions of Rule 23, Including Damages Issues at the Certification Stage
Rule 23(c)(4) provides that, when appropriate, an action may be brought or maintained as a class action with respect to particular issues. As construed by some appellate courts, Rule 23(c)(4) imposes a duty on the court to ensure that only those questions that are appropriate for class adjudication be certified. Courts have used Rule 23(c)(4) to certify some elements of liability for class determination, while leaving other elements to individual claims. The text of the Rule, however, does not directly address the interrelationship among the provisions and divergent interpretations that have emerged among courts. This panel will discuss the interplay between Rule 23(c)(4) and the other provisions of Rule 23, including recent case law after Dukes v. Walmart and Comcast Corp. v. Behrend, the impact of issue certification and damages at the class certification phase, and the most effective arguments being made on both sides.
For detailed information, download the Conference Brochure.
Wednesday - Saturday
November 4 - 7, 2015
Loews Philadelphia Hotel
1200 Market Street
Philadelphia, PA 19107