3.17.16 – BSP Presents Class Action Update for ACC Michigan Chapter

On Wednesday, February 17, partners Patrick Seyferth and Stephanie Douglas presented on behalf of the Michigan Chapter of the Association of Corporate Counsel at the Birmingham Athletic Club. The presentation focused on recent developments in class action litigation, highlighting:

• Standing. Strategies for challenging (1) actions alleging speculative injuries, (2) classes premised exclusively on statutory damages, and (3) classes with named plaintiffs or unnamed class members who lack standing entirely. The Supreme Court is addressing some of these subjects in two upcoming cases (Spokeo and Tyson Foods), which will be discussed.

• Class Certification Stage. Strategies for urging a higher standard of proof for certification, and for conducting a “mini-trial” in which certification issues are tested under trial-like evidentiary standards.

• Rule 23 Challenges. Strategies for invoking Rule 23’s requirements to “chip away” at class exposure, and sometimes, to defeat certification entirely.

• Mootness. Considerations for “picking off” named plaintiffs with offers of full-relief. Some circuits still allow it; the Supreme Court may be resolving the split this term (Campbell-Ewald).

• Settlements. Tips for avoiding rejections of settlements. Will be discussed in the context of a few recent failed settlements.

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