Defeating Class Claims by Attacking the Pleadings and Leveraging Other Early Dispositive Motions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to class action defense counsel for defeating class claims by strategically attacking the pleadings or leveraging other dispositive motions, including summary judgment motions and motions to deny certification. The panelists will provide their perspectives on whether the pleading stage is too early to challenge class claims; when it is appropriate to use other early dispositive motions; how early in a case plaintiffs have a right to discovery; and which arguments are appropriate early in the case.
Outline
- Evaluating whether to move to strike or dismiss based on the pleadings
- Effective arguments at pleading stage
- State law variations will predominate
- Definition of class
- Pros and cons of other types of dispositive motions
- Summary judgment
- Motions to deny certification
- Differing court opinions on whether plaintiffs have right to discovery
Benefits
The panel will review these and other key issues:
- Is the pleading stage too early to challenge class claims?
- Do plaintiffs have a right to discovery early in the case?
- Is the appropriate vehicle to attack the pleadings a motion to strike, a motion to dismiss, or some other motion?
- What impact do early dispositive motions have on individual and class claims?
- What standards of review do the various circuits apply when deciding whether to grant each of the various types of early dispositive motions?
- What are some best practices for defense counsel for leveraging dispositive motions early on to defeat class claims?
Faculty
Ronald J. Levine
General Counsel
Herrick Feinstein
Mr. Levine concentrates his practice on complex corporate litigation, especially multi-party actions. With more than 40... | Read More
Mr. Levine concentrates his practice on complex corporate litigation, especially multi-party actions. With more than 40 years of experience, Mr. Levine has focused his practice on class action defense in the consumer products field. He has successfully defended and resolved consumer fraud actions brought against leading products manufacturers in New Jersey and New York.
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Nina R. Rose
Partner
Skadden Arps Slate Meagher & Flom
Ms. Rose has extensive experience defending consumer fraud and false advertising class actions and product liability... | Read More
Ms. Rose has extensive experience defending consumer fraud and false advertising class actions and product liability cases. She has helped companies achieve victories on motions to dismiss, at summary judgment and at the class certification stage of litigation. She has also been involved in a number of successful class action appeals. She has written and spoken on strategies for disposing of class claims at the pleading stage, the role of expert witnesses at class certification, and other class action developments.
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Andrew J. Trask
Counsel
McGuire Woods
Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has... | Read More
Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has concentrated on products liability and consumer fraud cases, he has also defended class actions involving telecommunications products, business contracts, securities, ERISA, the U.S. antitrust laws and environmental claims, among others. In addition to his class action practice, Mr. Trask has defended mass tort cases involving financial regulations, patent misuse cases, and government investigations into allegations of automotive defects and breach of privacy regulations.
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