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Striking Class Allegations Pre-Certification: Legal Standards, Grounds to Strike, Recent Trends, Best Practices

Strategies and Tactical Considerations When Seeking Early Dismissal of Class Allegations at Pleading Stage

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 14, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss the if, when, and how of using motions to strike class allegations and defeating class actions pre-certification.


Both Rule 12(f) and Rule 23 allow defendants to move to strike class allegations, which if successful, prevent certification or at least reduce the size of the class with attendant benefits concerning scope of discovery and cost. The burdens of proof are different under each rule and different jurisdictions consider one or the other rule more appropriate.

Losing a motion to strike does not waive the ability to defend the case nor materially alter the parties' bargaining power on settlement.

While any legal deficiency, weak, or otherwise implausible class allegation is fair game, certain defects are excellent candidates for strike motions, including personal jurisdiction, nationwide class definitions, and predominance/commonality which focus on variations in state law and individualized questions of injury.

Listen as our panel of experienced class action practitioners discusses recent trends regarding motions to strike class allegations.



  1. Legal standards
  2. Legal bases for motions to strike class allegations
  3. Recent trends for strike motions
  4. Grounds for successful motions to strike
    1. Rule 23(a) factors
    2. Rule 23(b) factors
    3. Personal jurisdiction
    4. Nationwide class definitions
  5. Best practices


The panel will review these and other key issues:

  • Is the pleading stage too early to challenge class claims?
  • What are the pros and cons of moving to strike class claims?
  • What impact does a strike motion have on individual and class claims and settlement?


Apatov, Joe
Joseph A. (Joe) Apatov

McGlinchey Stafford

Mr. Apatov litigates on behalf of financial services clients in both state and federal courts, with an emphasis on...  |  Read More

Goldfine, Dan
Dan W. Goldfine

Dickinson Wright

Mr. Goldfine is a business-focused litigator with a demonstrated history of resolving difficult legal challenges. With...  |  Read More

Gunn, Travis
Travis C. Gunn


Mr. Gunn focuses on appellate litigation and defending clients in trial court against complex, high-value...  |  Read More

Sze, Wesley
Wesley Sze

Associate Attorney
Gibson, Dunn & Crutcher

Mr. Sze is an associate in the Palo Alto office of Gibson, Dunn & Crutcher. He practices in the firm’s...  |  Read More

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