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
Duane Morris
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’... | Read More
Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’ experience of 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 & hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, he also helps his clients anticipate large-scale litigations 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. Profiled in The Wall Street Journal, these audits are designed to minimize the incidence of employment-related class action litigation and to maximize management discretion and workplace productivity. Mr. Maatman has served as a legal commentator on PBS, NPR, MSNBC, CNBC and U.S. talk radio, and his comments have appeared in such publications as The Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune and Forbes.
Close
Jennifer A. Riley
Partner
Duane Morris
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class... | Read More
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings. Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.
Close