Striking Class Allegations Pre-Certification: Legal Standards, Grounds to Strike, Recent Trends, Best Practices
Strategies and Tactical Considerations When Seeking Early Dismissal of Class Allegations at Pleading Stage

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, December 14, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss the if, when, and how of using motions to strike class allegations and defeating class actions pre-certification.
Faculty

Mr. Goldfine is a business-focused litigator with a demonstrated history of resolving difficult legal challenges. With an abundance of experience handling class action and other complex litigation for his clients, including matters involving antitrust, insurance coverage, Racketeer Influenced and Corrupt Organizations Act (RICO), consumer fraud and consumer protection laws, he understands how litigation risks impact a business and aims to mitigate these risks to the fullest extent possible. Mr. Goldfine has defended companies and executives in federal and state courts in more than 40 states. He is based in Dickinson Wright’s Phoenix office.

Mr. Sze is an associate in the Palo Alto office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and is a member of the Class Actions, Privacy, Cybersecurity, and Data Innovation, and Securities Litigation Practice Groups. Mr. Sze represents leading companies in a wide range of complex litigation in all phases of litigation, including pre-trial discovery and substantive motions practice. In particular, he has significant experience advising clients in the technology and media industries on matters involving federal and state consumer fraud claims and data privacy issues. He also maintains an active pro bono practice, with a focus on immigrant rights and constitutional litigation.

Mr. Apatov litigates on behalf of financial services clients in both state and federal courts, with an emphasis on defending banks, mortgage lenders and servicers, private-label card issuers, and automobile finance companies. He has worked extensively with several major consumer protection statutes, including the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Real Estate Settlement Procedures Act (RESPA), and the Florida Consumer Collection Practices Act (FCCPA). His experience also includes representing financial institutions in complex mortgage foreclosure litigation. A substantial portion of Joe’s practice involves consumer class action litigation.

Mr. Gunn focuses on appellate litigation and defending clients in trial court against complex, high-value lawsuits. He has drafted briefs at both the trial and appellate stage, including the United States Supreme Court, on issues ranging from class actions, constitutional law, consumer deception, nuisance, punitive damages, and tort law. Mr. Gunn advises clients in the agriculture, automotive, construction, consumer retail, and energy industries. He also dedicates significant time to representing individuals on a pro bono basis, typically in appellate courts. Before joining McGuireWoods, Mr. Gunn was a judicial law clerk for the Honorable LeRoy F. Millette, Jr., of the Supreme Court of Virginia.
Description
Both Rule 12(f) and Rule 23 allow defendants to move to strike class allegations, which if successful, prevent certification or at least reduce the size of the class with attendant benefits concerning scope of discovery and cost. The burdens of proof are different under each rule and different jurisdictions consider one or the other rule more appropriate.
Losing a motion to strike does not waive the ability to defend the case nor materially alter the parties' bargaining power on settlement.
While any legal deficiency, weak, or otherwise implausible class allegation is fair game, certain defects are excellent candidates for strike motions, including personal jurisdiction, nationwide class definitions, and predominance/commonality which focus on variations in state law and individualized questions of injury.
Listen as our panel of experienced class action practitioners discusses recent trends regarding motions to strike class allegations.
Outline
- Legal standards
- Legal bases for motions to strike class allegations
- Recent trends for strike motions
- Grounds for successful motions to strike
- Rule 23(a) factors
- Rule 23(b) factors
- Personal jurisdiction
- Nationwide class definitions
- Best practices
Benefits
The panel will review these and other key issues:
- Is the pleading stage too early to challenge class claims?
- What are the pros and cons of moving to strike class claims?
- What impact does a strike motion have on individual and class claims and settlement?
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