Class Action Update: Changes on the Horizon?
Wednesday, February 17, 2016
8:30 AM to 9:30 AM
Registration and breakfast begin at 8:00 AM
Birmingham Athletic Club,
4033 West Maple Road
Bloomfield Hills, MI 48301
The Supreme Court has had little to say about class actions over the last two years. But that will change in the next term, as the Court is already primed to hear several cases likely to change the landscape. These changes may not all be positive for defendants.
Join us for a discussion with Patrick Seyferth, founding partner at Bush Seyferth & Paige PLLC in Troy, MI and Stephanie Douglas, partner at Bush Seyferth & Paige and leader of the firm’s Strategic Motions and Appeals practice, as they focus 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.
About our speakers:
Patrick Seyferth is a founding Partner of Michigan-based Bush Seyferth & Paige PLLC. Patrick specializes in defending high-exposure product liability cases, commercial litigation, and class actions. As National Coordinating and Trial Counsel for a major automotive manufacturer as well as an international supplier, Patrick and BSP handle matters from beginning to end, including issue identification and counseling, pre-suit claims, fact investigation, discovery, expert selection, case preparation, motion practice, and as necessary, alternative dispute resolution or trial. Patrick has successfully first-chaired catastrophic cases in 23 states, arguing motions before some of the top trial judges in the country. Patrick frequently presents to inside and outside counsel on topics including trial skills, social media, and emergent issues in product liability. Patrick graduated cum laude from the University of Michigan Law School, and clerked for U.S. District Judge Robert H. Cleland. Patrick represents a wide range of clients in a variety of industries including, but not limited to: FCA US LLC, PulteGroup, Mercedez-Benz USA, Delphi, and FordDirect.
Stephanie Douglas is a partner at Bush Seyferth & Paige PLLC, where she leads the firm’s Strategic Motions and Appeals practice. Stephanie and her team collaborate throughout litigation with trial counsel inside and outside the firm. The team participates in strategic analysis and theme development; critical pleadings, motions, and briefing before, during, and after trial; and all matters on appeal. Stephanie’s four-person team is highly credentialed by any measure. Collectively, they have clerked for 3 federal appellate judges, 4 federal district judges, and a Michigan Supreme Court Justice, have served as staff attorneys for the judges of the Michigan Court of Appeals and the Eastern District of Michigan, and have big-law experience in Michigan, New York, and Washington D.C. Stephanie adds a business perspective, too, having earned her computer engineering degree from the University of Michigan and consulted with Accenture for ten years before going to law school. Before “internet” was a household word, Stephanie worked in Accenture’s in-house “Multimedia Lab,” earning a patent for her design of a hyperlinked-video editing application. Stephanie graduated summa cum laude from the University of Michigan Law School, and clerked for U.S. District Judge John Feikens and BSP’s founding partner, U.S. Circuit Judge Raymond M. Kethledge.