How to Avoid Class Action Lawsuits
Check your state’s law., Find differences in the plaintiffs’ claims., Show how the representative plaintiffs’ claims are not typical for the class., Allege that the named plaintiffs cannot adequately represent the class., Argue that a class action...
Step-by-Step Guide
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Step 1: Check your state’s law.
A plaintiff’s attorney can get a class of plaintiffs certified only if the class meets certain requirements.
These requirements will be spelled out in state law (if the class action is brought in state court) or in the Federal Rules of Civil Procedure.
Often, the state rule is modeled on the federal one.Once you receive notice of the lawsuit, you should meet with your lawyer and discuss whether or not the plaintiffs will try to certify a class action. -
Step 2: Find differences in the plaintiffs’ claims.
In order to bring a class action in federal court, the plaintiffs must show that they have questions of law or fact in common.You can try to defeat a class action by arguing that the plaintiffs’ injuries are really quite different.
For example, if you are sued for discrimination in employment, then you can argue that the plaintiffs are bringing different discrimination claims—some for race discrimination, some for age discrimination, and some for sexual orientation or gender discrimination.
You would argue that these different kinds of discrimination do not share a common factual base. , In order to bring a class action, the representative plaintiffs must have claims that are typical of the class as a whole.You can try to defeat class certification by arguing that the representative plaintiffs’ claims are too dissimilar from the claims of everyone else in the class.
This can be tricky, as your lawyer needs to do extensive research on what the other class members’ claims are like.
However, the named plaintiffs may not have used a product in the same way as other class members.
If this is so, then the named plaintiffs would not have typical claims. , Before a class can be certified, the judge must find that the named plaintiffs can adequately and fairly represent the interests of the class as a whole.You can defeat class certification by arguing that this is not the case.
You could argue, for example, that the named plaintiffs are not represented by experienced and competent counsel.
You could also argue that a conflict of interest exists between counsel for the named plaintiffs and other plaintiffs in the wider class., If the plaintiffs are suing for money damages, then they must show that the class action method is superior to other methods.
They also must show that common questions of law or fact “predominate” over individual questions.You can argue that individual issues so predominate over common ones that a class action would be too costly and time-consuming.
Instead, you would argue that individual lawsuits would be better. , This is a motion that your lawyer will help you draft.
The plaintiffs will file a motion to certify the class, and you must respond in writing, explaining how the plaintiffs do not satisfy the requirements for class certification.
If you prevail, then the plaintiffs cannot proceed as a class.
Instead they would either need to bring individual lawsuits or form smaller, more coherent classes. -
Step 3: Show how the representative plaintiffs’ claims are not typical for the class.
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Step 4: Allege that the named plaintiffs cannot adequately represent the class.
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Step 5: Argue that a class action is not superior to other methods.
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Step 6: File an Opposition to Motion for Class Certification.
Detailed Guide
A plaintiff’s attorney can get a class of plaintiffs certified only if the class meets certain requirements.
These requirements will be spelled out in state law (if the class action is brought in state court) or in the Federal Rules of Civil Procedure.
Often, the state rule is modeled on the federal one.Once you receive notice of the lawsuit, you should meet with your lawyer and discuss whether or not the plaintiffs will try to certify a class action.
In order to bring a class action in federal court, the plaintiffs must show that they have questions of law or fact in common.You can try to defeat a class action by arguing that the plaintiffs’ injuries are really quite different.
For example, if you are sued for discrimination in employment, then you can argue that the plaintiffs are bringing different discrimination claims—some for race discrimination, some for age discrimination, and some for sexual orientation or gender discrimination.
You would argue that these different kinds of discrimination do not share a common factual base. , In order to bring a class action, the representative plaintiffs must have claims that are typical of the class as a whole.You can try to defeat class certification by arguing that the representative plaintiffs’ claims are too dissimilar from the claims of everyone else in the class.
This can be tricky, as your lawyer needs to do extensive research on what the other class members’ claims are like.
However, the named plaintiffs may not have used a product in the same way as other class members.
If this is so, then the named plaintiffs would not have typical claims. , Before a class can be certified, the judge must find that the named plaintiffs can adequately and fairly represent the interests of the class as a whole.You can defeat class certification by arguing that this is not the case.
You could argue, for example, that the named plaintiffs are not represented by experienced and competent counsel.
You could also argue that a conflict of interest exists between counsel for the named plaintiffs and other plaintiffs in the wider class., If the plaintiffs are suing for money damages, then they must show that the class action method is superior to other methods.
They also must show that common questions of law or fact “predominate” over individual questions.You can argue that individual issues so predominate over common ones that a class action would be too costly and time-consuming.
Instead, you would argue that individual lawsuits would be better. , This is a motion that your lawyer will help you draft.
The plaintiffs will file a motion to certify the class, and you must respond in writing, explaining how the plaintiffs do not satisfy the requirements for class certification.
If you prevail, then the plaintiffs cannot proceed as a class.
Instead they would either need to bring individual lawsuits or form smaller, more coherent classes.
About the Author
Kyle Shaw
Brings years of experience writing about organization and related subjects.
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