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 CLE course will discuss the if, when, and how of using motions to strike class allegations and defeating class actions pre-certification.
Outline
- Legal standards
- Legal bases for motions to strike class allegations
- Recent trends for strike motions
- Grounds for successful motions to strike
- Rule 23(a) factors
- Rule 23(b) factors
- Personal jurisdiction
- Nationwide class definitions
- Best practices
Benefits
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?
Faculty
Joseph A. (Joe) Apatov
Member
McGlinchey Stafford
Mr. Apatov litigates on behalf of financial services clients in both state and federal courts, with an emphasis on... | Read More
Mr. Apatov litigates on behalf of financial services clients in both state and federal courts, with an emphasis on defending banks, mortgage lenders and servicers, private-label card issuers, and automobile finance companies. He has worked extensively with several major consumer protection statutes, including the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Real Estate Settlement Procedures Act (RESPA), and the Florida Consumer Collection Practices Act (FCCPA). His experience also includes representing financial institutions in complex mortgage foreclosure litigation. A substantial portion of Joe’s practice involves consumer class action litigation.
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Dan W. Goldfine
Member
Dickinson Wright
Mr. Goldfine is a business-focused litigator with a demonstrated history of resolving difficult legal challenges. With... | Read More
Mr. Goldfine is a business-focused litigator with a demonstrated history of resolving difficult legal challenges. With an abundance of experience handling class action and other complex litigation for his clients, including matters involving antitrust, insurance coverage, Racketeer Influenced and Corrupt Organizations Act (RICO), consumer fraud and consumer protection laws, he understands how litigation risks impact a business and aims to mitigate these risks to the fullest extent possible. Mr. Goldfine has defended companies and executives in federal and state courts in more than 40 states. He is based in Dickinson Wright’s Phoenix office.
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Travis C. Gunn
Counsel
McGuireWoods
Mr. Gunn focuses on appellate litigation and defending clients in trial court against complex, high-value... | Read More
Mr. Gunn focuses on appellate litigation and defending clients in trial court against complex, high-value lawsuits. He has drafted briefs at both the trial and appellate stage, including the United States Supreme Court, on issues ranging from class actions, constitutional law, consumer deception, nuisance, punitive damages, and tort law. Mr. Gunn advises clients in the agriculture, automotive, construction, consumer retail, and energy industries. He also dedicates significant time to representing individuals on a pro bono basis, typically in appellate courts. Before joining McGuireWoods, Mr. Gunn was a judicial law clerk for the Honorable LeRoy F. Millette, Jr., of the Supreme Court of Virginia.
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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
Mr. Sze is an associate in the Palo Alto office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and is a member of the Class Actions, Privacy, Cybersecurity, and Data Innovation, and Securities Litigation Practice Groups. Mr. Sze represents leading companies in a wide range of complex litigation in all phases of litigation, including pre-trial discovery and substantive motions practice. In particular, he has significant experience advising clients in the technology and media industries on matters involving federal and state consumer fraud claims and data privacy issues. He also maintains an active pro bono practice, with a focus on immigrant rights and constitutional litigation.
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