Willkie Practitioner Handbook Series
The Class Action Litigation Handbook is a comprehensive guide to class action defense and plaintiff-side strategy, covering every phase of class action litigation from pre-filing considerations through final settlement approval.
The Handbook provides an in-depth analysis of class certification requirements under Federal Rule of Civil Procedure 23, including numerosity, commonality, typicality, adequacy, manageability, and ascertainability—with circuit-by-circuit surveys and state court comparisons. It also addresses threshold issues critical to class action practice: personal jurisdiction, CAFA jurisdiction and its exceptions, Article III standing after Spokeo and TransUnion, tolling strategies, and the key distinctions between Rule 23(b)(2) injunctive relief classes and Rule 23(b)(3) damages classes.
For litigators defending class certification, the Handbook covers Daubert motion strategy to challenge expert testimony, summary judgment tactics tied to class certification, and the one-way intervention rule. Practitioners handling class certification appeals will find detailed guidance on Rule 23(f) petitions and state-court appellate procedures in California, Illinois, New York, and Texas.
The Handbook also examines alternatives to class litigation, including arbitration clauses, class action waivers after Concepcion, and the emerging challenges of mass arbitration and "New Era" bespoke arbitration program design. It concludes with a practical guide to class action settlements—covering preliminary and final approval standards, the two-step settlement process, CAFA notice requirements, judicial scrutiny, and attorneys' fee negotiations.
Read the full handbook here.
