Lawyer-Created Class Actions: Defeating, Dismissing, and Defending Standing, Causation, Typicality, and Adequacy

The bain of class action defendants is the alleged mass harvesting of plaintiffs with little or no vetting to verify an actual cognizable injury and the use of hired experts. Some plaintiff counsel are said to enlist plaintiffs to purchase allegedly mislabeled products to establish standing or induce violations.

By recognizing and exposing the manufactured or "entrepreneurial" aspects of class actions, defense counsel can create significant tools for dismissing the case early, preventing certification, and prevailing on the merits. Counsel must know what to look for and how to identify manufactured class actions to initiate narrow discovery and overcome objections to inquiries about the origins of plaintiffs' claims.

Recent cases limiting standing to actual injury may also be leveraged to expose attorney-driven cases. Direct actions against plaintiffs' lawyers may be justified amid additional clarity in the law and who can be a legitimate plaintiff.

Listen as this experienced panel reviews how to use the plaintiffs' client-locating techniques for the defense.