Brian K. Herrington

Brian Herrington is an experienced litigator. He will teach a course about class action lawsuits at Solo Practice University®.

Brian is the founding partner of Herrington Law, PA. He primarily litigates class actions involving consumer protection, unfair and deceptive practices, and antitrust. Brian is also an experienced litigator in the areas of insurance, pharmaceuticals, and medical device litigation.

Brian has also taken the time to pursue what he calls “crusader” cases; cases that are of little economic value, but important in personal terms such as aiding elderly persons who have fallen victim to mortgage scams and are in danger of losing their homes. He has yet to lose a predatory lending case, and he has saved numerous clients’ homes in the process. Two of Brian’s “crusader” cases were the subject of favorable articles in The Clarion-Ledger, which is Mississippi’s statewide newspaper.

Brian literally has litigated in courts across the country from New York to Illinois to Washington and many points in between including his states of admission — Mississippi and Tennessee. Comfortable trying a multi-million dollar pharmaceutical case or obtaining a permanent restraining order against a predatory lender to stop a foreclosure on an elderly person’s home, he has proven himself to be an effective litigator.

Brian is a member of the Mississippi Association of Justice, the Tennessee Association of Justice, the American Association of Justice, and the National Association of Consumer Advocates. He is admitted to practice in all state and federal courts in Mississippi and Tennessee as well as the Fifth and Ninth Federal Circuit Courts.

Brian received his undergraduate degree from Mississippi College. While there, Brian won a scholarship to study at the Johannes Gutenberg University in Mainz, Germany. Upon his return to the United States, he completed his undergraduate degree and enrolled in law school at the University of Mississippi, graduating in 1995.

To learn more about Brian, visit his firm website.

Syllabus – Class Action Law

This course will include information about how to handle a class action lawsuit from beginning to end.

Knowing Whether You Have A Class Case Or Not

  • Overview Of Rule23 (The Class Action Rule)
  • Mass Tort/Attorney General Action Distinguished (These Aren’t Class Actions But The Media, The Public, And Many Lawyers Haven’t Caught On)

Rule 23 (a): This Is Where It All Begins

  • Numerosity: Got To Have Some Class Members
  • Commonality: They Got To Have Something In Common
  • Typicality: They Got To Be Suing For The Same Thing
  • Adequacy Of Representation

Rule 23(b): What Kind Of Class Do You Have?

  • 23(b)(1)(a) and (b): These Kinds Of Classes Are Like Bigfoot; Some Say They Exist But Few See Them
  • 23(b)(2): Injunctive Relief: Stop The Madness
  • 23(b)(3): Where The Money Is

Practical Considerations: Putting It All Together

  • Evaluating The Case And Financing
  • Scheduling Orders And Class Discovery
  • Notice/Settlement
  • Administration/Dealing With Objectors/Dealing with Opt-outs

Attorney’s Fees

The Class Action Fairness Act: What You Must Know Before You Even Draft A Complaint

Please note that some of the above topics will require more than one session. In other words, while there are five main topics listed, there will be more than five classes. Also, as we get into this, we may skip around as necessary.

As I’ve said all along, this is not a static class. I’m here to teach you how to litigate class actions. That necessarily means that your questions are paramount. Thus, the course may take on a life of its own depending on how the class participates.