Class Action Defense

Our strategy is to resolve class actions early through motions to dismiss, summary judgment, challenges to class certification, or settlement. Some of the strategies and tactics we use in defending against complex class actions include:

• Precluding class certification by using dispositive motions to defeat the individual claims of the class representatives
• Obtaining dismissal of class actions by mooting the claims of the class representatives
• Establishing that plaintiffs lack standing, are inadequate class representatives, or have claims that are atypical of the class
• Moving the court for entry of a trial plan (and seeking bifurcation of the common and individual issues) to highlight the unmanageability of a putative class action
• Seeking interlocutory appellate review of unfavorable trial court decisions
• Structuring class settlements to minimize costs to our clients

Our class action lawyers represent clients on a wide variety of legal issues, including consumer protection and product liability claims. We have litigated cases under a range of laws and statutes, including:

• State consumer protection statutes
• The Telephone Consumer Protection Act
• Michigan’s Video Rental Privacy Act
• The Truth in Lending Act
• The Magnuson-Moss Warranty Act
• The Racketeer Influenced and Corrupt Organizations Act (RICO)
• The Fair Debt Collection Practices Act
• The Fair Credit Reporting Act
• Securities laws

As a result of our breadth of experience, we make early strategic calls that allow clients to map out a reliable and predictable litigation plan (subject, of course, to the usual vagaries of litigation).