Course Description

601:538. CLASS ACTION LITIGATION (2) (S)

Kearney

LE24

We will examine class action litigation under both the federal and New Jersey class action rules. Topics will include the history of class action litigation, FRCP 23, New Jersey Court Rule 4:32, the Class Action Fairness Act, pleading a class action, discovery to establish or defeat certification, the class certification motion, notice and claims administration issues, winning or defeating class decertification motions, awarding of attorney’s fees, strategic considerations throughout the class action litigation process, and hot topics in both federal and New Jersey class action litigation practice, including pending federal litigation to change several aspects of class action practice (Fairness in Class Action Litigation Act of 2017).


Since this is a skills course, there will be no final exam. Instead, there will be three writing assignments involving drafting a class action complaint; writing a memo to a law firm partner about your research on a legal issue related to a class action; and drafting a brief in support of a motion related to a class certification issue. These assignments will be spaced out over the 14 weeks of the course.


Goals of the course include exposing students to the complexities of class action litigation and the various legal issues and strategic considerations involved, as well as developing writing skills in the context of class action issues.