In Labou v. Cellco Partnership, No. 2:13-cv-00844-MCE-EFB, 2014 U.S. Dist. LEXIS 26974 (E.D. Cal. Mar. 3, 2014), the named plaintiff sued cell phone company Verizon. She alleged that Verizon had used an automatic dialer to call her cell phone in an attempt to get her former brother-in-law to pay his cell phone bill, a
The ClassActionBlawg Guide to Challenging Class Certification
Paul Karlsgodt over at ClassActionBlawg.com has an outstanding post up that outlines his thinking on when (and how) a defendant should challenge the certifiability of a class. He explicitly recognizes that
[T]here is also an art to defending class actions, and part of the art is in knowing whether to challenge class certification at each
Beating Plaintiffs to the Punch: The Motion to Deny Certification
One of the peculiar frustrations of class-action defense is that one occasionally encounters a case that, while it might survive a motion to dismiss, could never be certified as a class. Other times, the defendant discovers evidence early in a case that supports the same conclusion. In those cases, what can the lawyer do but