One of the reasons that companies hate class actions is that, win or lose, the defense costs are often enormous. Usually, it’s discovery that leads to eye-popping numbers on the bills—whether from law firms themselves, contract attorneys, or e-discovery vendors. But defendants have an often overlooked tool for attempting to avoid costs related to discovery—the… Continue Reading
Tag Archives: motion to strike class allegations
Do the Plaintiffs Lack Standing or Are Their Claims Simply Meritless—or Both?
Posted in Adequacy, Class Action Trends, Class Certification, Commonality, Predominance, TypicalityHere’s the situation: You’re facing a class action in federal court in which the plaintiffs define the putative class so broadly as to encompass many people who weren’t injured by the alleged wrongdoing. For example, consider a false-advertising class action on behalf of “all purchasers” of a product that the vast majority of purchasers would… Continue Reading
Federal Court Grants Motion to Strike Class Allegations in TCPA Case
Posted in Ascertainability, Class Certification, Motions PracticeWe’re big fans of filing an early motion to strike class allegations when it’s apparent from the pleadings that the class definition is fatally flawed. Why should a defendant be forced to submit to the wringer of class discovery before taking a swing at defeating class certification? A recent case involving Office Depot illustrates the… Continue Reading
Class Action Plaintiffs Can’t Have It Both Ways When Opposing Motions to Compel Arbitration
Posted in Arbitration, Class Certification, Motions Practice, Numerosity, Predominance, TypicalityIn litigation—as in war—it is natural to focus on winning today’s skirmish and to defer planning for battles that might not happen for weeks or months. But that shortsightedness can lead to strategic blunders—as one class action plaintiff suing Capital One Bank and credit counseling agency InCharge Debt Solutions recently learned the hard way. In King… Continue Reading