The explosion in class actions, especially in state courts, is one of the most challenging legal developments affecting business during the last 20 years. Defending putative class actions requires a thorough knowledge of class action procedure, as well as a command of current developments in areas such as removal, arbitration and appealability.
Our success lies in part in our practical experience in the mechanics of class actions. For example, pushing for an early disposition on the merits – before a class has been certified – often can be the most effective approach toward successful resolution. Providing the court with a detailed depiction of what a class trial would entail often is the key to defeating class certification. With many class actions now being shifted to federal court under the Class Action Fairness Act, some of the most pressing issues in this area will concern partial class certification; the interplay of merits issues with class certification; and damage recovery under Rule 23(b)(2), on which the circuits are divided.
© 2013 Sutherland Asbill & Brennan LLP