Conducted mock class certification hearings on behalf of the defendant in a putative class action involving the sale of annuities. The mock hearings were conducted with panels of retired, former, and senior-status state court judges and involved the presentation of briefing, oral argument, evidence, and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex class certification dispute were most important and persuasive to representative panels of judges from the relevant jurisdiction. The study also allowed the trial team and the client to better assess the risks of a class certification hearing. Result: The case settled favorably for the defense prior to the class certification hearing.
