Summary Judgment in Class Action Litigation: Plaintiff and Defense Strategies for Filing Motions

Because class actions have the potential for costly discovery and exorbitant defense costs, defense counsel often pursue summary judgment motions as a strategy to defeat or limit claims early on, dismiss putative class members, or influence a potential settlement award.

Advantages for plaintiff include establishing liability on one or more claims and improving the value of the settlement, as well as educating the presiding judge about the strength of claims and issues common to class members.

Class action litigators must be strategic about the timing of summary judgment motions—before or after certification. District courts have discretion to allow pre-certification motions for summary judgment, but the benefit of obtaining early resolution must be weighed against the risk that an absent class member will step forward to “pick up the spear.” Counsel must also approach the drafting of summary judgment motions strategically.

Listen as our authoritative panel of class action litigators examines how plaintiffs and defendants strategically use summary judgment motions in class action claims. The panel will discuss factors to consider when weighing whether to file summary judgment motions pre- or post-certification and the pitfalls inherent in summary judgment filings for either party.

1. Summary judgment motions pre-certification
   1. Purpose/goal
   2. Pitfalls
   3. Strategic considerations
2. Summary judgment motions post-certification or with certification motion
   1. Purpose/goal
   2. Pitfalls
   3. Strategic considerations

The panel will review these and other key issues:

• What are the pitfalls for plaintiffs of making summary judgment motions pre-certification?
• Under what circumstances should post-certification summary judgment motions be made?
• What are some best practices for drafting summary judgment motions in class actions?