The Class Action Playbook
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The Class Action Playbook authored by Brian Anderson and Andrew Trask, 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.
The 2016 Edition is updated to include analysis on the continued fight over predominance, the resurgence of issue certification, the "administrative burden" of ascertaining a class, the tightening of the adequacy requirement, further scrutiny of class settlements, and more.
• Cited by Judge Posner in Thorogood v. Sears, Roebuck and Company, 624 F.3d 842 (7th Cir. 2010).
• 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
"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
"The publication of the second edition is particularly timely as there have been a number of recent significant developments, including for example, the U.S. Supreme Court's decisions in the Wal-Mart case, the Concepcion case, and the Matrixx Initiatives case. The updated version is a useful practical guide for anyone involved in class action litigation." --Kevin M. LaCroix, The D&O Diary
"This is not an academic work that trains on abstract principles or a typical treatise that focuses on case law developments, but a practical work full of advice and strategy considerations for counsel for both the plaintiff and the defendant. I regularly consult the first edition in my own practice." --D. Matt Allen, Classified: Carlton Fields' Class Action Blog
Table of Contents
CHAPTER 1 What Class Actions Are and Why They Exist
CHAPTER 2 Class Certification Requirements
CHAPTER 3 Constructing a Class Action Lawsuit
CHAPTER 4 Pre-Certification Steps
CHAPTER 5 The Class Certification Motion
CHAPTER 6 Post-Certification Steps
CHAPTER 7 Trial Preparation
CHAPTER 8 Settling Class Actions
CHAPTER 9 Class Action Judgments
CHAPTER 10 International Class Action Practice
Table of Cases