Class Action Insider

Class certification is the most important moment of any putative class action. Before class certification, the defendant’s exposure beyond the individual claim is still theoretical rather than concrete. But certification of a class allows a single plaintiff (or a small group of plaintiffs) to formally pursue the claims of numerous absent individuals, which raises the stakes for defendants. This article will explain basic strategies defendants should consider in class certification briefing.

In recent years, the UK has seen a rising trend of individuals coming together to collectively bring claims against large companies due to the introduction of new European procedural rules allowing for “collective actions”.

The nature of a class action requires defendants to think beyond the story or situation posed by one single plaintiff. When facing a lawsuit that potentially challenges a large-scale business practice or procedure, counsel often must focus on big-picture systemic issues that may affect hundreds or thousands of people. Yet sometimes, the deposition of a single person—the proposed class representative, commonly referred to as the “named plaintiff”—can elicit facts that tear the entire class action apart.

When a putative class action complaint hits their desk, among the first things that should cross a defense attorney’s mind—whether in-house or outside counsel—is venue.  For state-court cases specifically, “can this case be removed to federal court?”  Removal is usually beneficial to defendants—though it can sometimes be better not to remove, and that question should be carefully analyzed.