Most potential class actions are resolved before class certification. Often courts dismiss cases at the pleadings stage or grant early summary judgment. Sometimes plaintiffs choose to dismiss their cases rather than continuing to pursue them. And often class actions settle on an individual basis at an early stage.
The benefits are obvious. Early settlements offer individual plaintiffs relatively quick payments. They allow defendants the opportunity to end cases early without the need to pay the high costs—including often burdensome discovery-related costs—to defend against class litigation. And they benefit the court system by avoiding needless litigation that can clog court dockets.
Continue Reading Judicial review of pre-certification settlements: it’s time to put some district courts’ continued reliance on the Ninth Circuit’s Diaz rule to rest