• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Class Action & Other Litigation
  • schedule 90 minutes

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

About the Course

Introduction

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

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.

Presented By

Joseph A. Apatov
Partner
Hinshaw & Culbertson LLP
Dan W. Goldfine
Partner
Stinson LLP

Mr. Goldfine's practice focuses on high-stakes commercial litigation, including class actions and other matters that require careful judgment and disciplined advocacy. He draws on extensive experience handling complex litigation involving antitrust, consumer fraud, consumer protection statutes, insurance coverage disputes, and related regulatory issues. Mr. Goldfine works closely with clients to assess litigation risk, develop practical strategies, and resolve matters in a way that aligns with broader business objectives. He has defended companies and individuals in federal and state courts across the country, regularly litigating matters with multijurisdictional scope. Mr. Goldfine's practice also includes representing companies and individuals in government and internal investigations involving allegations of misconduct.

Travis C. Gunn
Counsel
McGuire Woods LLP

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.

Wesley Sze
Associate Attorney
Gibson, Dunn & Crutcher LLP

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, December 14, 2023

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  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

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?