5 Tips For Defeating A Class Cert. Bid

Law360, San Diego (June 24, 2014, 3:56 PM EDT) -- A series of recent U.S. Supreme Court and Ninth Circuit decisions are helping to bolster defendants’ position against plaintiffs’ attempts to certify class actions, but defendants still have their work cut out for them when fighting these high-stakes motions that can drive up the potential claimants and damages. 

Businesses have caught a break in the class action context in recent years with the U.S. Supreme Court’s April 2011 ruling in AT&T Mobility LLC v. Concepcion, which held that arbitration agreements barring classwide relief and subjecting consumer complaints to individual arbitration are enforceable under the Federal Arbitration Act, as well as the...

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