Strategies For Moving To Strike Class Allegations

Law360, New York (September 4, 2012, 11:03 AM EDT) -- In the opening stage of a putative class action — before class discovery, before the certification motion — defendants may score an early victory by moving to strike the class allegations in the complaint. As the Sixth Circuit demonstrated in Pilgrim v. Universal Health Card LLC,[1] courts are becoming increasingly amenable to such early motions to strike where it is obvious from the pleadings that the class cannot be certified.

In considering a motion to strike, defense counsel should pay special attention to the procedural underpinnings...
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