Last month in New Orleans the ABA hosted its 19th Annual National Institute on Class Actions. I sit on the Institute’s Planning Committee and–false modesty aside–feel that this was one of our best Institute’s ever.

The quality of the programming and faculty were outstanding.  Panel topics included exploration of whether and to what extent consumer class actions actually benefit class members; the extent to which lower courts adhere to Supreme Court class action precedents; Class Trials; recent developments in the law surrounding the implicit “ascertainability” requirement for class certification; so-called “no injury” class actions; and mechanisms for seeking immediate appellate review of class certification decisions in various circuits.

I again taught the “Class Actions 101” course that I developed several years ago, along with Institute Chair Dan Karon. I enjoy covering the basics with lawyers just starting out (or trying to fill in gaps) in their class action practices. We added a “Class Actions 201” segment this year to dive in a little deeper into pointers concerning class briefing, strategy, and appeals.  These programs were well-received based on the feedback we received.

I moderated a panel on Class Trials with some truly impressive members–including Judge Eldon Fallon (S.D. La.), who has handled the massive In re. Chinese Drywall and In re Vioxx MDL’s; Dean Ed Sherman from Tulane Law School; and attorneys William Issacson (Boies Schiller)–who has tried five antiturst class actions in recent years, including the recent iPod and NCAA trials in the N.D. California–and Robin Greenwald (Weitz & Luxenburg)–who tried a BP Deepwater Horizon class action. Slated panel member Jonathan Selbin (head of Lieff Cabraser’s consumer litigation group), one of the trial attorneys for the Whirlpool “moldy washer” case, was unable to participate due to last-minute schedule changes, but  provided important insights. 

Next year we are looking forward to an exciting 20th  Annual Institute in Las Vegas, Nevada.  If you have any programming ideas, I’m all ears.  Drew.