Class Action Precertification Tactics

Description

The early stages of the class action lawsuit are critical because strategic decisions made then set the stage for the remainder of the litigation. At the onset, both plaintiffs and defendants wrestle with the issue of removal—should removal be avoided or is the case removable under CAFA?

Defendants must consider the dispositive motions that should be filed and whether to challenge the named plaintiffs early on. Both sides must define the scope of discovery—plaintiffs need to decide what to pursue, and defendants what they will fight.

There are also strategic decisions to be made regarding precertification settlements. Parties must weigh the pros and cons of commencing settlement discussions early in the litigation.

Listen as our authoritative panel of class action attorneys discusses key precertification litigation strategies, ranging from removal to motions practice to settlement.

Outline

1. Filing and removal issues
   1. Initial pleadings: complaint, answer, affirmative defenses, counterclaims/third party
   2. Jurisdiction and venue choice: state v. federal, statewide-nationwide
   3. Removal/CAFA
2. Dispositive motions: effect of Iqbal pleadings standard on dispositive motions in the class action arena
   1. Motion to dismiss (Iqbal) (subject matter jurisdiction, venue, first to file, in favor of arbitration, standing, mootness)
   2. Motion for summary judgment
   3. Motion to strike class allegations
3. Discovery considerations
   1. Class counsel's communications with putative class members: discovery to identify members, privilege issues at each level
   2. Defense counsel communications with putative class members
   3. Motion to stay discovery pending motions to dismiss
   4. Discovery: discovery of absent class members, bifurcation of discovery (class v. merits), e-discovery
4. Early settlement strategies
   1. Rule 68 offers of judgment
   2. Individual settlement
   3. Pre-certification settlement: court approval, notice, settlement certification

Benefits

The panel will review these and other key questions:

• What effect have the Iqbal pleading standards had on class action pleading?
• What strategic advantage is there for defendants to seek dismissal of named plaintiffs?
• When can a defendant communicate with putative class members?
• When is the most opportune time to engage in settlement negotiations — and what are the pitfalls in opening negotiations too early in the litigation?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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