- videocam On-Demand Webinar
- signal_cellular_alt Intermediate
- card_travel Class Action
- schedule 90 minutes
Early Challenges to Class Certification: Strategies and Tactical Considerations at Pleading Stage
Legal Standards, Grounds for Striking or Challenging Class Allegations, and Best Practices
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
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
Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Thursday, June 25, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Legal Standards
II. Grounds for striking or challenging class allegations
III. Best practices and strategic considerations
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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Beyond Predominance: Alternative Arguments Against Class Certification
Available On-Demand
Class Certification: Navigating Scrutiny of Expert Methodologies for Classwide Damages Models
Thursday, September 10, 2026
1:00 PM ET/10:00 AM PT
Recommended Resources