There is a common perception in complex litigation (not to mention litigation generally) that time favors the defendant. Defendants often counsel clients not to react too quickly: situations that may provoke a fight-or-flight response in the moment often present more strategic opportunities as they unfold. And plaintiffs tend to agree; they often complain that defendants’
What is “Willing and Able?”: Rattray v Woodbury County
By The Editors on
Posted in Certification
A number of courts have held that Rule 23(a)(4)’s adequacy requirement mandates two inquiries:
(1) whether there are irreconcilable conflicts of interest between the class representative and the absent class members, and
(2) willingness and ability of the representative to take an active role in and control the litigation and to protect the interests of
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Time and Class Action Strategy – Ortiz v. Fibreboard Corp.
By The Editors on
Posted in Settlement
Time is the ultimate budget constraint. Even the best of us only gets 24 hours a day. And sometimes, strategic decisions get made without perfect amounts of time. For class-action lawyers, this constraint is particularly clear in “rocket dockets” like the Eastern District of Virginia where deadlines are foreshortened and discovery can be massive.…