Plaintiffs’ Practice: Vetting and Preparing Putative Class Representatives for Challenges to Their Adequacy

By Robert Neary

A prerequisite for bringing a class action under Federal Rule of Civil Procedure 23(a)(4) is that the class representative “will fairly and adequately protect the interests of the class.” Defendants often raise challenges to the adequacy of a putative class representative in an effort to defeat certification. Plaintiffs’ counsel should be aware of these possible challenges and take steps to head them off, starting from the initiation of the case through class certification. Being prepared to respond to any attacks on the putative class representative’s adequacy begins with the proper vetting of a potential representative and should continue through discovery and ultimately certification.

Click here for the original publication

What Class Action Litigators (and Objectors) Need to Know About Amendments to Rule 23

By Tal J. Lifshitz and Rachel Sullivan

Amendments to the Federal Rules of Civil Procedure will take effect on Dec. 1, 2018, subject to Supreme Court approval and arguably no substantive area of law will be more impacted than federal class action litigation, in particular, the procedures for addressing objections to class settlements.

Click here to read the full publication

KozyakTropin and Throckmorton’s Cori Lopez-Castro Inducted into the International Academy of Trial Lawyers

Cori Lopez-Castro was selected to join the International Academy of Trial Lawyers based on her proven skill and ability in jury trials, trials before bankruptcy courts, and appellate practice.

Click here for the original article.

KozyakTropin and Throckmorton Adds Maria Garcia to Complex Litigation, Class Action and Health Care Practices

Maria Garcia, of counsel, focuses her practice on health care law and commercial litigation. She also chairs multiple boards and committees for the City of Coral Gables.

Click here for the original article.

KozyakTropin and Throckmorton Adds John Criste to Complex Litigation, Class Action and Health Care Practices

John Criste, associate, focuses his practice on complex litigation. Prior to joining the firm, Criste was an associate at a leading Miami law firm, where he focused on construction litigation.

Click here for the original article.

KozyakTropin and Throckmorton Adds Daniel Maland to Complex Litigation, Class Action and Health Care Practices

Daniel Maland, associate, focuses his practice on complex litigation. He has served as a litigator at Wall Street’s longest standing law firm and served as a judicial law clerk to the U.S. Magistrate Judge for the District of New Jersey.

Click here for the original article.

KozyakTropin and Throckmorton Adds Benjamin Widlanski to Complex Litigation, Class Action and Health Care Practices

Benjamin Widlanski, of counsel, focuses his practice on complex commercial litigation and class actions. He has extensive courtroom and trial experience, prosecuting and investigating hundreds of federal crimes.

Click here for the original article.