Class Actions in the Era of Trump: Trends and Developments in Class Certification and Related Issues
Prepared for the Annual American Bar Association National Institute on Class Actions, Washington, D.C. October 26-27, 2017
48 Pages Posted: 19 Sep 2017 Last revised: 18 Oct 2017
Date Written: September 15, 2017
In this memorandum prepared for the Annual ABA National Institute on Class Actions, Professors Coffee and Lahav review and assess developments in class certification over recent years, and track trends in approaches to certification. Special attention is given to securities litigation, the use of confidential witnesses, ascertainability, attorney's fees, standing, mootness, statutes of repose, and the impact of recent Supreme Court decisions, including Halliburton II and Spokeo.
Keywords: Ascertainability, Class Action, Class Certification, Complex Litigation, Confidential Witness, Mootness, Predominance, Rule 23, Standing
JEL Classification: D63, D74, G20, G34, K13, K22, K40, K41, K42
Suggested Citation: Suggested Citation