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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Category Archives: Discovery

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Class Action Discovery & the Proportionality Log

Posted in Discovery, Scholarship

Professor Suja Thomas (of Oddball Cases fame) has jumped into the debate over proportionality in discovery with a post over at Prawfsblawg.  The debate, prompted by the upcoming amendments to FRCP 26, asks whether a party should be able to withhold discovery on the grounds that it is disproportionate to the needs (and the amount in controversy) of… Continue Reading

Bifurcating Discovery to Reduce Costs

Posted in Discovery, Motions Practice

 It’s a tale as old as the Telephone Consumer Protection Act ("TCPA"): defendant Janssen Pharmaceuticals sent out a fax reporting on the reclassification of its drug Levaquin for insurance purposes. The plaintiff sued it for violating the TCPA, claiming the fax was an advertisement; Janssen responded that the content of the fax was informational. It… Continue Reading

Don’t Forget the Motion to Stay – Thornton v. DaVita HealthCare Partners., Inc.

Posted in Discovery, Motions Practice

 In Thornton v. DaVita HealthCare Partners., Inc., No. 13-cv-00573-RBJ-KMT, 2013 U.S. Dist. LEXIS 145458 (D. Colo. Oct. 8, 2013), the plaintiffs filed a class action alleging various causes of action in the wake of a recall of certain brands of dialysis equipment. The case grew rapidly, and eventually involved several consolidated complaints. The defendants filed… Continue Reading

A Brief Reminder about Rule 1

Posted in Discovery

 Plaintiffs filed a class action complaint against defendant Tournament One Corp. in Nevada state court. Tournament One removed the case to federal court, and immediately filed a Motion to Compel Arbitration and a Motion to Dismiss, or, in the alternative, to stay the case pending the arbitration motion. In the resulting opinion, Kidneigh v. Tournament… Continue Reading

What Counts as “Making Copies” – Costs under Johnson v. Allstate Insurance Co.

Posted in Discovery

In 2007, four customers of Allstate Insurance Company sued it, alleging that it used outdated scoring algorithms to calculate their premiums, in violation of the Illinois Consumer Fraud Act.  They were later joined by another 19 named plaintiffs. Three years later, in 2010, the judge in the case denied certification and dismissed twelve of the… Continue Reading

Class Action Summer Camp – Typicality

Posted in Discovery

Typicality tends to be a useful, if not always used, way of framing various class action issues. Its primary purpose is to ensure that the class action is really a representative lawsuit rather than just an individual case with pretensions. Given the rulings on typicality so far, it’s worth asking how defendants might argue it… Continue Reading

When Ten Depositions Aren’t Enough – Barnes v. Equinox Group

Posted in Discovery

 One of the tough things about defending class actions is the fact that discovery is asymmetrical. Some plaintiffs use the fact that corporate defendants generate huge numbers of documents to inflict significant costs on the defense by serving large numbers of marginal relevance to any class claims. So, when plaintiffs withhold actually relevant information, that… Continue Reading