HOW TO DEFEAT CLASS CERTIFICATION

CD: Could you provide an overview of emerging trends and developments concerning class certification? How have these impacted the litigation space?

Laytin: We have seen courts get more and more sophisticated when it comes to managing the class certification process. It is no longer seen as a procedural motion that can be resolved without a factual and expert record. While that results in a longer time period until class is resolved, and a bigger volume of filings for the court to wade through, it makes sense given the gravity of the motion. In addition, more and more class certification hearings are testimonial in nature, which allows the court to make critical credibility determinations and also results in more user-friendly, less technical, expert and legal presentations.

Jul-Sep 2019 issue

Kirkland & Ellis LLP

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