In Bloomberg Law Article, Akin Gump Litigators Examine Best Ways to Obtain Depositions of Absent Members in Class Actions

Bloomberg Law has published the article “Obtaining Depositions of Absent Members in Class Action Litigation,” written by Akin Gump litigation partner Neal Marder, senior counsel Ali Rabbani and associate Kelly Handschumacher. The article discusses the legal framework for obtaining depositions of class members in Rule 23 class actions. It then analyzes some factors that might influence courts to grant such depositions.

The authors begin with a look at some of the general principles regarding whether absent class members may be deposed. They note that, “courts have raised the concern that, in some circumstances, discovery from absent class members could chill class participation or turn an opt-out class into a de facto opt-in class.” On the other hand, they write, “the Federal Rules favor discovery to advance the goals of transparency in the judicial process and prevent unfair surprise.”

The article then examines how these principles have been applied by different courts across the United States, noting that, “some particular factors can tip the scales in favor of allowing class member depositions.” It concludes by offering some suggestions as to how defendants can design depositions, “that maximize the potential to gather relevant information and lessen the burden to class members.”

To read the article in its entirety, please click here.