Defense Attys Take The Offense In Class Cert. Battles

Law360, New York (October 11, 2010, 1:57 PM EDT) -- More and more, defendants are moving to defeat class certification before plaintiffs bring a motion for class status to the court. And why not? It’s an effective way to save clients time and money, taking the venom out of a case before it bites, attorneys said.

The preemptive tactic may be counterintuitive, but favorable rulings in state and federal courts, as well as a decision in the U.S. Court of Appeals for the Ninth Circuit, have emboldened defense counsel to add it to their arsenal, attorneys...
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