Farah Lisa Whitley-Sebti was a featured speaker during this webinar program hosted by Strafford.
The Supreme Court in Wal-Mart v. Dukes—in a portion of the opinion that was unanimous—held that a class cannot be certified on the assumption that defendants will not be entitled to assert individualized defenses. That decision has reinvigorated interest in affirmative defenses and counterclaims as a means to defeat certification.
Even after Wal-Mart, however, the case law on this issue remains unsettled, with different courts applying different standards for when defenses or counterclaims against absent class members preclude class certification.
The panel discussed the tension among the lower courts on the use and effectiveness of this strategy and outlined techniques for prevailing using this strategy in light of developing case law. The panel also discussed some of the types of defenses and counterclaims that both plaintiff and defense counsel may encounter in this important and evolving area.
For more information, please click here.
August 25, 2015