The threat of class action lawsuits requires businesses to be keenly aware when their actions may result in claims affecting groups of individuals. Class action defense requires an experienced approach. Stradling lawyers have been defending class actions for over two decades and participated in the drafting of California’s Rules of Court regarding the proper administration of class cases in California Superior Courts.
We know the law applicable to these cases exceptionally well and are in a unique position to provide our clients with the benefit of our experiences.
There are significant differences defending direct claims versus ones made by a representative on behalf of others similarly situated. Class actions are inherently high stakes matters. Class actions follow different procedural requirements and evidentiary processes.
Unless defended properly with the correct strategy, plaintiffs often use the class action vehicle to pressure companies into monetary settlements by threatening to make the litigation unnecessarily time consuming and expensive to defend. Our attorneys know the best defense against a class action suit is a good offense. Stradling litigators work to dismiss the claims or severely limit their scope soon after a suit is filed to save our clients time and money.
We are exceptionally adept at contesting class certification by identifying separate distinct legal and factual issues among the claimant and other “threshold defenses.” We have an exceptional track record of obtaining dismissals of putative class actions. That is, we win cases at the motion to certify stage. Overlapping or copycat suits are managed through motions for federal multi-jurisdictional consolidation or deference to previously filed actions.
When settlement appears to be in the best interest of the client, our attorneys bring finely honed negotiating skills to the table to obtain the best result. Most class action suits do not reach the trial stage, but when they do, our attorneys present a convincing case crafted to obtain a directed verdict or successful post-trial appeal.