Mr. David Bruce presented on the topic of Class Certification at the Seminar Group’s 21st Annual Labor & Employment Law Conference on August 24th, 2018.
In his presentation titled “Class Certification: The End or Just The Beginning”, Mr. Bruce discussed how wage and hour class actions present issues of CR 23 commonality and predominance, highlighted in U.S. Supreme Court’s decision in Wal-Mart Stores v. Dukes. These issues are often prominent in litigating certification, and many class actions settle if and after a class is certified. This presentation considers the continuing vitality of Wal-Mart and its progeny; identifies legal theories and factual contexts that implicate Wal-Mart’s concerns; and reviews related ascertainability and manageability issues. The presentation also discusses whether and how commonality, predominance, ascertainability and manageability remain at issue even if a class is certified – and what this means for the litigants.
You may participate in the seminar as a whole and receive CLE credit for doing so by purchasing the materials from The Seminar Group at their website: https://www.theseminargroup.net/seminardetl.aspx?id=5851
Mr. Bruce’s power point and supplementary materials at the conference are available at the links below.
- Class Certification: The End or Just the Beginning
- Federal Rules of Civil Procedure Rule 23
- Key Cases
- Wal-Mart Stores v. Dukes, 564 U.S. 338
- Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036
- Sabas Arredondo et al., v. Delano Farms Co., et al.: Delano Farms Company’s Opposition to Plaintiffs’ Motion to Modify Scheduling Order
- Sabas Arredondo et al., v. Delano Farms Co., et al.: Order Denying Motion for Further Modification of Scheduling Order