Class Actions in the Era of Trump: Trends and Developments in Class Certification and Related Issues

Coffee, John C.; Lahav, Alexandra D.

doi:10.2139/ssrn.3037564

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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

See all articles by John C. Coffee

John C. Coffee

Columbia Law School; European Corporate Governance Institute (ECGI); American Academy of Arts & Sciences

Alexandra D. Lahav

Cornell Law School

Date Written: September 15, 2017

Abstract

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

Coffee, John C. and Lahav, Alexandra D., Class Actions in the Era of Trump: Trends and Developments in Class Certification and Related Issues (September 15, 2017). Prepared for the Annual American Bar Association National Institute on Class Actions, Washington, D.C. October 26-27, 2017, Available at SSRN: https://ssrn.com/abstract=3037564 or http://dx.doi.org/10.2139/ssrn.3037564