Conventional wisdom says that a defendant should move to dismiss a class action complaint if there are grounds to do so. Motions to dismiss have many potential strategic benefits beyond the mere possibility of an early victory, including allowing the defendant to avoid expensive discovery pending resolution of key threshold legal issues, providing an early opportunity to [...]
Posts Tagged ‘practice tip’
Obtaining Early Resolution on the Merits in a Class Action May Be a Pyrrhic Victory
Posted in Practice Tips, tagged 12(b)(6), class action, class certification, decertification, demurrer, dispositive motion, judgment on the pleadings, matter of law, motion to dismiss, practice tip, summary judgment on April 15, 2012 | 1 Comment »
Drug and Device Product Liability Litigation Strategy – An Indispensible Practice Guide
Posted in Mass Tort, Practice Tips, tagged drug and device, mass tort, mdl, medical products liability, multidistrict litigation, practice guide, practice tip, product liability, products liability on January 24, 2012 | Leave a Comment »
In December, I posted this preview of the then forthcoming book, Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden (Oxford University Press 2011). I received my copy of the book just before the holidays, and it is as good as advertised. The book has many strengths. It is comprehensive, generally accessible, eloquently written, [...]
The Class Action Playbook: the Essential Reference for Class Action Practitioners
Posted in Lawyers' Resources, Practice Tips, Uncategorized, tagged ascertainability, class action book, class action playbook, class action practice guide, class action scholarship, class certification, class certification brief, numerosity, plain language notice, practice tip, trask on October 12, 2010 | 2 Comments »
Andrew Trask, author of the blog Class Action Countermeasures, recently sent me an advance copy of a new book that he co-authored with O’Melveny partner Brian Anderson: The Class Action Playbook (Oxford University Press 2010). The title is self-explanatory, and the book lives up to its name. It’s clear after just a few pages that the authors are [...]
Practice Tip: When Life Gives You Lemons, Make Lemonade
Posted in Practice Tips, tagged class certification, decertification, dispositive motion, practice tip on September 3, 2009 | 1 Comment »
Conventional wisdom says that for a defendant, class certification is to be avoided at all costs, and many defendants may assume that the best strategy for dealing with a certified class, short of settlement, is to find a way to get the class decertified. But it’s important to remember that a class action judgment has a preclusive [...]
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