A trifecta of recent U.S. Supreme Court opinions has decisively transformed Rule 23 class certification from a pleading proceeding to a proof proceeding. The class certification hearing, post-trilogy, will essentially become a bench trial. To oppose plaintiff’s motion for class certification, persuasive legal argument alone may no longer be sufficient. Companies must develop a robust and comprehensive evidentiary record that is both admissible and persuasive. Is your company ready to defeat class certification in the post-trilogy world?
The first section of this article explains how the Supreme Court has transformed class proceedings in three recent decisions. The second half addresses the practical implications of that trilogy and suggests best practices for corporate counsel whose companies are targeted in class action litigation.
