Business / Commercial Law

The Class Action Playbook, Second Edition

Edited by Brian Anderson · Andrew Trask
Oxford University Press USA December 2012

Specifications

ISBN-13
9780199933785
Publisher
Oxford University Press USA
Publication
December 2012
Format
Paperback , 336 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

  • Valuable guide for both experienced practitioners and attorneys in need of a refresher on class actions
  • A strategic step-by-step resource for all aspects of a class action
  • Written by two practitioner experts with a wealth of experience representing companies in class actions

The Class Action Playbook is a unique and strategic "how to" guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class action judgments. 

Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow. 

This Second Edition covers six relevant cases from the historic 2010 and 2011 Supreme Court terms; official commentary on class actions with citations to the new American Law Institute's statement of the Principles of Aggregated Litigation, and where it upholds plaintiffs' or defendants' arguments; a discussion on emerging class action litigation tactics, including the use of arbitration clauses and the use of motions to strike class allegations; new appellate-court trends in class-action law, including developments in adequacy of representation, superiority, and use of experts at class certification.

Readership: Litigators who represent and advise either plaintiffs or defendants on class actions. It will be a valuable guide for attorneys who have not handled many such cases, as well as a helpful strategic refresher/thought-provoker for more experienced members of the class action bar.

Table of Contents

Acknowledgments
Preface to the Second Edition
The Strategic Approach to Class Action Litigation
1. What Class Actions Are and Why They Exist
2. Class Certification Requirements
3. Constructing a Class Action Lawsuit
4. Pre-Certification Steps
5. The Class Certification Motion
6. Post-Certification Steps
7. Trial Preparation
8. Settling Class Actions
9. Class Action Judgments
10. Class Actions Outside the United States
Table of Cases
Index

About the Author

Brian Anderson, Partner, O'Melveny & Myers LLP (Washington, DC), and Andrew Trask, Counsel, McGuire-Woods LLP (Washington, DC)

Brian Anderson is a partner in the Washington, DC office of O'Melveny & Myers LLP. Over the past fifteen years, he has defended over 400 aggregated actions and class actions in state and federal courts in 39 states and the District of Columbia. Andrew Trask is counsel in the Washington, DC office of McGuireWoods LLP. His practice focuses on class action defense and managing portfolios of products-liability and consumer-fraud class actions in state and federal courts for a Fortune 500 automotive company.

Reviews

"Class Action Playbook is an important and well written addition to the literature on class actions, especially for those in the trenches who want a concise, useful, and authoritative guide." 
--Robert Klonoff, Dean & Professor of Law, Lewis & Clark Law School 

"With the claims of class action plaintiffs under scrutiny and the coffers of class action defendants under stress now as never before, Trask and Anderson's groundbreaking study of class action practice is timely. Using behavioral psychology, strategic economics and even game theory to explain the behavior of class litigants and their counsel, they work in -- and, frankly, have done no small honor to -- the best tradition of scholars like Sunstein and Viscusi. This is an essential volume for anyone who wants to understand American mass litigation." 
--Garrett Wotkyns, Schneider Wallace Cottrell Brayton Konecky LLP 

"Anderson and Trask have crafted a very helpful guide for any class action practitioner-plaintiff and defense counsel alike. Any lawyer called upon to prosecute or defend Rule 23 proceedings will benefit from the strategies discussed and practical advice rendered in this Playbook" 
--J. Andrew Lagan, Class Action Defense Lawyer 

"Brian Anderson's and Andrew Trask's new book, The Class Action Playbook, arrived in the mail yesterday, and instantly became the best practitioners' guide to class actions out there: I would definitely go to Anderson-Trask now before I go to the often sloppy Newberg treatise. My major complaint is that it wasn't out a month ago when I could have cited it in my Ninth Circuit briefing." 
--Ted Frank, Center for Class Action Fairness 
Point of Law Blog 

"Not only was the book a handy guide to just about every issue one might face in a class action, but it is also an accessible introduction to class action practice that has saved me hours of having to explain difficult concepts to new associates. Thankfully, Anderson and Trask have released the Second Edition of the book, which now is available at the OUP website. So, not only do I have my quintessential guide to defending class actions back, it's up to date with the latest trends and authorities." 
--Paul Karlsgodt, ClassActionBlawg

"It's clear after just a few pages that the authors are eloquent writers who know their way around a class action...Aside from being an accessible and comprehensive practitioner's guide to litigating class actions, the book is filled with entertaining quips and illustrations that make the book an enjoyable read from cover to cover...I highly recommend the Class Action Playbook to fellow practitioners and their clients as well as students, judges, and academics alike. Very well done, gentlemen." 
--Paul Karlsgodt, ClassActionBlawg

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