Deploying Rule 23(d)(1)(D) Motions to Strike Class Allegations Pre-Certification
Rule 23(a) Typicality, Rule 23(a)(2) Commonality, Rule 23(b) Predominance, and Heightened Ascertainability Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss using motions to strike class allegations and defeating class actions pre-certification, particularly after the recent Amendments to Rule 23.
- Recent trends for strike motions
- Legal bases for motions to strike class allegations
- The legal standard
- Grounds for successful motions to strike
- Rule 23(a)(3) typicality
- Rule 23(a)(2) commonality
- Rule 23(a)(1) numerosity
- Rule 23(a)(4) adequacy of representation
- Rule 23(b) predominance
- Personal jurisdiction
- Nationwide class definitions
- Best practices
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?
- When is a motion to strike the appropriate vehicle to attack the pleadings?
- What is the right procedural mechanism for attacking class claims on the pleadings?
- What impact does a strike motion have on individual and class claims?
- What standard of review do the various circuits apply when deciding whether to grant a motion to strike class allegations?
- What are some best practices for defense counsel for leveraging strike motions early on to defeat class claims?
Nina R. Rose
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.Close
Sean P. Wajert
Office Managing Partner
Shook Hardy & Bacon
Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he... | Read More
Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he has represented clients in the chemical, consumer product, pharmaceutical, medical device, food and fragrance, and industrial products sectors when they face significant product liability and mass tort claims. Mr. Wajert has litigated cases in federal and state courts in dozens of jurisdictions.Close
Geoffrey M. Wyatt
Skadden Arps Slate Meagher & Flom
Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that... | Read More
Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that focuses on global litigation strategy and law and motions practice in coordinated proceedings in federal and state courts. Mr. Wyatt has participated in the day-to-day management of multidistrict proceedings encompassing tens of thousands of cases, and has represented clients in several bellwether mass tort personal injury suits.Close