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Defense Can Play Offense In Class Action Pleading

Law360 (February 18, 2011, 3:41 PM EST) -- Class action defense lawyers may have a new weapon in their arsenal to end class and collective actions at an early stage. Recently, district courts have applied the pleading standard set forth in Twombly and Iqbal to class and collective allegations.

By subjecting the class and collective allegations to a “plausibility analysis,” collective actions have been dismissed and a class action defendant has won a motion for a more definitive statement before the certification phase of the litigation. Obviously, a dismissal at the pleading stage would...
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