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

Tag Archives: deposition

Incentive Awards Explained – Espenscheid v. DirectSat USA, LLC

Posted in Settlement

Today’s case, Espenscheid v. DirectSat USA, LLC (7th Cir. 2012) is a little tricky, procedurally. Three plaintiffs filed an FLSA class action (and collective action) against DirectSat USA, LLC. The Northern District of Illinois originally certified a class, but then decertified it, at which point the plaintiffs each settled on an individual basis. Now, here’s the… 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

The Uses of the Named Plaintiff Deposition II – Burns v. Bayer Corp. (S.D. Ill. 2012)

Posted in Discovery

 I’ve written before about the uses to which defense counsel can put a well-taken named plaintiff deposition. And, once again, an opinion has come along that showcases just how important the named plaintiff deposition is as a weapon to defeat class certification. The case, Burns v. Bayer Corp., 2012 U.S. Dist. LEXIS 33183 (S.D. Ill…. Continue Reading

Class Action Litigation FAQ – Part I

Posted in Discovery

As you may know, most bloggers have some kind of service that provides a statistical analysis of their site. In addition to telling us how many of you visit, and what you read, and whether you come back, these services also tell us what searches bring (some of) you here. And, over the last year… Continue Reading

Defending Pseudo-Fraud Cases – Noel v. Hudd Dist Servs. Inc.

Posted in Certification

 In the last few years, statutory non-disclosure have become more common among class-action filings. They allow the plaintiffs to assert fraud-like claims that can arouse public (or judicial) sympathy, without necessarily having to worry about proving individualized reliance the way they would if they had alleged a common-law fraud claim. A recent case, Noel v…. Continue Reading

Confidential Witness Confidential – City of Livonia Employees’ Retirement Sys v Boeing

Posted in Discovery

  The confidential witness is the bane of the securities defendant’s existence. While there may be some legitimate reasons to keep a witness confidential, the words "Confidential Witness #1" can also hide problems with the plaintiffs’ case, like sloppy research or outright misrepresentation. How do we know this is the case? Well, many defendants have… Continue Reading

The Uses of the Named Plaintiff Deposition

Posted in Discovery

 Depositions are one of the most important parts of class discovery. (And for many lawyers, they’re also the most fun.) Since so few class actions go to trial, a deposition of a named plaintiff is when the defense lawyer finally gets to act like a lawyer on TV, confronting the named plaintiff with evidence, poking… Continue Reading