Increasingly, class action certification depends on plaintiffs’ ability to establish the manageability by presenting a trial plan showing the feasibility of a class-wide trial. At the same time, a strategic and thoughtful trial plan is equally important to defense counsel facing trial of certified classes.
Review of and citation to previously conducted class-wide trials can aid practitioners in establishing a road map for class certification and trial of their own class actions.
This review of seven class action cases that have been effectively tried within the past two years reveals trials, trial plan strategies, and jury interrogatories and verdict forms that can help both plaintiffs and defense strategically and thoughtfully plan for and successfully conduct class action trials.
Six of these cases were tried in federal court, where PACER’s electronic docket allows easy retrieval of the parties’ class-certification briefing, trial plans, jury instructions, and verdict sheets.