Class Action Defense and Pre-Certification Motions for Summary Judgment: Minimizing the Likelihood of Certification
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the questions of can and should a corporate defendant move for summary judgment before class certification, and if so, as to the claims of individual plaintiffs or class claims as a whole. The panel will also examine the relationship between discovery strategy and summary judgment strategy. Finally, the program will consider any risks if summary judgment is denied and possible advantages in narrowing the case or forcing plaintiffs to reveal weaknesses related to certification or merits.
Outline
- Reasons defense bar is reassessing summary judgment before certification
- Importance of discovery strategy
- Setting goals and expectations for summary judgment
- Best practices
Benefits
The panel will discuss these and other key issues:
- Should a defendant move for summary judgment before certification as to the named plaintiffs' claims individually or as to all class claims?
- Are there advantages even if the motion only narrows the case or forces plaintiffs to respond in an individualized way?
- What kind of cases or issues are best suited for pre-certification summary judgment?
- Should discovery be limited or bifurcated?
- How does the court or the identity of plaintiffs' counsel affect the analysis?
Faculty
Gerald L. Maatman, Jr.
Partner, Chair Class Action Defense Group
Duane Morris
Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most... | Read More
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.
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Jennifer A. Riley
Partner, Vice Chair Workplace Class Action Group
Duane Morris
Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She... | Read More
Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. Ms. Riley has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She also provides counsel to employers seeking to navigate thorny issues, including investigations, compliance, and terminations. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.
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