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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, December 14, 2023

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 9/3/25

This course is $0 with these passes:

CLE
ALL

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

Faculty

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.

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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?