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

Tag Archives: motion to strike

Strategy Beats Tactics – Carter v. Allstate Ins. Co

Posted in Motions Practice

 Back in 1990, Kenneth Carter was in an automobile accident with an underinsured motorist, one serious enough to exhaust the other party’s limited bodily injury coverage. Carter’s policy allowed him to stack coverage, meaning he probably had $150,000 coming to him. But his insurer didn’t tell him that, instead allowing him to believe that he… Continue Reading

The Problem of the Subjective Class Definition – Weeks v. Merck & Co.

Posted in Motions Practice

 At its height, the mass-tort litigation against Merck for its drug Vioxx received a great deal of press attention. And, when Merck settled with most of the plaintiffs, its decision to only settle with attorneys who were willing to resolve their entire inventory of Vioxx cases generated controversy among the legal commentariat.  Last week, one… Continue Reading

CLE Presentation – The Gauntlet: Early Challenges to Class Certification

Posted in Certification, Discovery, Motions Practice, Presentations

 Earlier today, I had the distinct pleasure of presenting at the CLE International Class Action conference in Los Angeles with an old friend of mine, plaintiff’s lawyer Garrett Wotkyns of Schneider Wallace.   The topic was The Gauntlet: Early Challenges to Class Certification, which regular readers will know is a topic near and dear to my heart…. Continue Reading

The Ten Most Significant Class Action Cases of 2011

Posted in Certification

 This was a busy year for class-action jurisprudence. Clearly, most of the Supreme Court cases had some effect on class action practice. But the district and appellate courts also rendered a host of rulings this year that significantly affect class-action practice. Despite what a number of academics and plaintiffs’ lawyers have claimed, the class action… Continue Reading

The Maturing Motion to Strike Class Allegations

Posted in Motions Practice

Last week, the Sixth Circuit affirmed a trial court’s decision striking class allegations where a proposed nationwide class would necessarily invoke the laws of fifty different jurisdictions. (Russell Jackson has an excellent writeup of the opinion here.) There is no question the opinion is a useful one for defendants. And, since it’s the first appellate… Continue Reading