By Jennifer A. Riley
Duane Morris Takeaways: Jennifer A. Riley, the Vice-Chair of the Duane Morris Class Action Defense Group recently spoke at 21st National Class Action Conference organized by the Barreau du Québec (Québec Bar Association). As the sole guest presenter from the United States on employment class actions, she spoke on cross-border class action defense strategies.
This week I had the pleasure of speaking at the Colloque national sur l’action collective, the National Class Action Conference in Montreal, Quebec.
The conference was the 21 National Class Action Conference organized by the Barreau du Québec (Québec Bar Association) and was held on November 27 and 28 at the Palais des congrès de Montréal.
One of the largest international conferences on class actions, the event brought together nearly 60 speakers and moderators from Canada, the United States, and Europe.
The Conference
The organizers compiled a wide range of knowledge and experience on cutting edge class action topics, including recent trends, emerging issues, and the proliferation of industry-wide class actions.
The presenters covered the latest developments in class action trends across Canada, the United States, and Europe. They discussed trends and legal developments in consumer, privacy, and employment class actions, and reviewed the growth of AI class actions, which have exploded in terms of filings from 2021 (2 filings) to 2024 (32 filings).
I had the pleasure of discussing developments on the employment class action front and providing a sneak peek at 2024 filing, settlement, and certification numbers.
Class Action Trends
In terms of overall settlement numbers, in 2023, the largest settlements across all substantive areas of class actions in the U.S. totaled more than $51.4 billion. In 2024, settlements are on track to exceed $37 billion, representing a continued use of the class action mechanism to effective a massive redistribution of wealth.
Plaintiffs’ success on the certification front is continuing to fuel this trend. In 2023, plaintiffs certified class actions at high rates by winning 324 out of 451 rulings (72%). In the employment space, such numbers were equally high, as plaintiffs converted 82% of rulings in the ERISA space, prevailed on 75% of motions for conditional certification of FLSA collective actions, and prevailed on 50% of certification rulings in discrimination class actions.
In 2024, the numbers remain plaintiff-friendly. So far in 2024, we have logged 363 decisions of U.S. courts on motions for class certification. Courts have granted 232 of those motions, for a certification rate of 64%. Although the overall rate might trend down from 2023, the 2024 numbers are showing more consistency across substantive areas.
In the employment space, plaintiffs’ success on certification motions has surpassed the 2023 numbers. So far in 2024, plaintiffs have prevailed on 81% of rulings on motions for FLSA conditional certification, 80% of rulings on motions to certify WARN classes, 67% of motions to certify ERISA classes, and 53% of motions to certify discrimination classes.
Conclusion
Overall, the conference presented a one-of-a-kind opportunity to share class action experiences and knowledge across jurisdictions. It provided a unique look at the areas of consistency in terms of the focus of the plaintiffs’ class action bar across jurisdictions and an interesting overview of the deviations the plaintiffs class action bar has implemented as it has molded to the unique contours of the prevailing laws across jurisdictions.