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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

John C. Coffee Jr.

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

Alexandra D. Lahav

University of Connecticut - School of Law

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

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

John Coffee (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-2833 (Phone)
212-854-7946 (Fax)

European Corporate Governance Institute (ECGI)

c/o ECARES ULB CP 114
B-1050 Brussels
Belgium

American Academy of Arts & Sciences

136 Irving Street
Cambridge, MA 02138
United States

Alexandra Lahav

University of Connecticut - School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States

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