Class action spending continues to rise. Clients are projected to spend $2.39 billion in legal fees in class action cases in 2018. So, if your company is named as a defendant in a class action, how can you and your outside counsel defend the case efficiently and effectively? This article will identify legal strategies and practical tips for how class action defendants can control legal fees and costs while zealously defending class action litigation.
Move to Strike Class Allegations
Not every putative class action can be maintained as such under Federal Rule of Civil Procedure 23 or state equivalents. Where it is apparent from the face of the pleading that plaintiff cannot meet the requirements of certification, defendants should consider filing a motion to strike class allegations at the outset of the litigation. A motion to strike class allegations argues that, regardless of what any class discovery could adduce, the plaintiff will not be able to certify the putative class for any number of reasons. For example, an unascertainable class definition, disparate experiences among class members that will necessarily lack commonality, or alleged violations of differing state laws that would lack predominance could all form the basis of a motion to strike class allegations.
To read the full article, please click here.
This article was originally published by USLAW.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.