March 5, 2026
Douglas McNamara, a partner of the firm’s Consumer Protection practice will be presenting the course, “Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)’s Predominance Requirement”, on March 5, 2026 at 1 pm ET. The 90-minute webinar is eligible for 1.5 continuing legal education credits.
Class actions seeking monetary damages are often difficult to certify because common issues do not predominate over individualized issues as required by Rule 23(b)(3). Rule 23(c)(4) allows a court to certify a class “with respect to particular issues” when appropriate.
This CLE course examines limited issue class certification under Rule 23(c)(4) and the differing ways federal appellate circuits interpret and apply the rule. Because proposed damages class actions often fail Rule 23(b)(3)’s predominance requirement, plaintiffs increasingly turn to Rule 23(c)(4) to certify specific issues—often liability—while leaving individualized issues like injury, reliance, or causation for later individual proceedings.
The course reviews how Wal-Mart v. Dukes revived attention to Rule 23(c)(4), enabling plaintiffs to seek certification in cases that might otherwise fail predominance. However, the federal circuits remain split on whether issue certification can bypass predominance entirely or must be evaluated within the predominance framework.
Douglas will analyze current circuit positions, share practical strategies for litigating Rule 23(c)(4) certifications, and review recent case law implications for both plaintiffs and defendants.
Presenters
- Michael Hamburger, FBT Gibbons, New York NY
- Douglas McNamara, Cohen Milstein Sellers & Toll PLLC, Washington D.C
Read Douglas McNamara Teaches Rule 23(c)(4) Issue Certification Course.