BarbriSFCourseDetails

Course Details

This CLE course will discuss the if, when, and how of using motions to strike class allegations and defeating class actions pre-certification.

Faculty

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

  1. Legal standards
  2. Legal bases for motions to strike class allegations
  3. Recent trends for strike motions
  4. Grounds for successful motions to strike
    1. Rule 23(a) factors
    2. Rule 23(b) factors
    3. Personal jurisdiction
    4. Nationwide class definitions
  5. 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?