how should we plead? the future of class actions, according to the u.s. supreme court

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HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT. Introductions. MODERATOR: Howard S. Suskin, Esq., Partner, Jenner & Block LLP PANELISTS : Brian Kristiansen, Esq., Vice President - Claims, AXIS Professional Lines - PowerPoint PPT Presentation

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Page 1: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT
Page 2: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

HOW SHOULD WE PLEAD?

THE FUTURE OF CLASS ACTIONS, ACCORDING TO

THE U.S. SUPREME COURT

Page 3: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

Introductions

MODERATOR: • Howard S. Suskin, Esq., Partner, Jenner & Block LLP

PANELISTS: • Brian Kristiansen, Esq., Vice President - Claims, AXIS Professional

Lines • Janene M. Marasciullo, Esq., Partner, Kaufman Dolowich Voluck &

Gonzo LLP • Mark A. Perry, Esq., Partner, Gibson, Dunn & Crutcher LLP • Samuel H. Rudman, Esq., Partner, Robbins Geller Rudman &

Dowd LLP

Page 4: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

Agenda

• Key Class Action Law Developments

• Key Securities Class Action Developments

• Pleading Standards

• Class Action Fairness Act

• Predictions for Future Class Action Developments

Page 5: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Dukes v. Wal-Mart – The consequences for large class actions

Key Class Action Law Developments

Page 6: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Smith v. Bayer –The tension between federal and state class actions

Key Class Action Law Developments

Page 7: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• AT&T Mobility v. Concepcion-Class action waivers

Key Class Action Law Developments

Page 8: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Matrixx Initiatives v. Siracusano-Materiality

Key Securities Class Action Developments

Page 9: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Janus Capital v. First Derivative Traders- The limits on Section 10(b) exposure

Key Securities Class Action Developments

Page 10: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Erica P. John Fund v. Halliburton- The class certification battle.

Key Securities Class Action Developments

Page 11: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Morrison v. National Australia Bank-Foreign class actions – one year later

Key Securities Class Action Developments

Page 12: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

What has the impact of the Supreme Court’s heightened pleading requirements been?

Pleading Standards

Page 13: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

What are the most significant issues currently being litigated in the battle between federal

and state jurisdictional turf?

Class Action Fairness Act

Page 14: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Plaintiff’s Perspective

Predictions for Future Class Action Developments

Page 15: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

• Defendant’s Perspective

Predictions for Future Class Action Developments

Page 16: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

Questions&

Answers

Page 17: HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

Many thanks to …

• Brian Kristiansen

• Janene Marasciullo

• Mark A. Perry

• Sam Rudman