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David Herr to Speak on Class Action Appeals and the Law of Sanctions at ALI-ABA Course of Study Event

March 7, 2007

David Herr will speak on class action appeals and the law of sanctions at the upcoming ALI-ABA Course of Study event "Civil Practice and Litigation Techniques in Federal and State Courts." The event will take place Wednesday-Friday, March 7-9, 2007, on St. Thomas, U.S. Virgin Islands. This program is organized in honor of the late Judge Edward Becker, eminent former judge on the Third Circuit Court of Appeals.

The event will featuring the following major areas of concentrated study:

  • Re-stylization of Federal Rules of Civil Procedure (FRCP)
  • Future Civil Amendments: Discrete Proposals Involving Rules 8, 15, 26(a)(2)(B), 30(b)(6), 33, 36, 48, 54(d), 58(c), and 60; and Broader Projects: Time Computation, Summary Judgment, and Notice Pleading
  • Sanctions under Rules 11, 26(a), and 37; 28 U.S.C. Section 1927; and "Inherent Powers"
  • Deposition Techniques and Problem Areas
  • Discovery Conflicts and the Electronic Media; Proposed FRCP E-Discovery Rules effective December 1, 2006
  • Latest Evidentiary Trends and the Trial Judge’s Role as "Gatekeeper" in Dealing with Scientific and Non-Scientific Expert Testimony; the Federal/State Dichotomy
  • Proposed Amendment to FRCP Rule 26(a)(2): Expert Discovery
  • Proposed Evidence Rule 502 on Waiver of Attorney-Client and Work Product Privilege
  • Dispositive Motion Practice (Rules 9(b) and 12(b)(6)) and Summary Judgment (Rule 56)
  • Restraining Orders and Preliminary Injunctions
  • Protective Orders and Confidentiality Agreements
  • Choice of Forum Considerations: Personal, Diversity, and Supplemental Jurisdiction
  • Interrelationship of State and Federal Litigation: Removal, Injunctive Proceedings, Abstention and Stays, and the All Writs and Enabling Acts
  • Punitive Damages: New U.S. Supreme Court Directives and Reactions by State Courts
  • Ethical Developments: Conflicts Facing Civil Litigators (two hours)
  • Mediation: Developments and Conflicts
  • Arbitration Movements: Domestic and International
  • Private Civil Actions and Concurrent or Subsequent Regulatory or Criminal Proceedings
  • Mass Tort Litigation Developments
  • Effective Trial Techniques
  • Emerging Problem Areas in Rule 23 Class Actions and the Class Action Fairness Act
David Herr will be presenting the following sessions at the event:

  • Wednesday, 9:45 a.m. - Sanctions under Rules 11, 26(a), and 37; 28 U.S.C. Section 1927; and "Inherent Powers"
  • Wednesday, 4:15 p.m. - Class Certification in the Appellate Courts
For more information on the event, go to


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