Strategies for Stopping Class Actions Before They Start: Establishing an Early Off-Ramp to the Class Action Lawsuit

April 3, 2017 1:55pm

Michael Mallow

Sidley Austin LLP

Mary Beth Buckley

Sedgwick LLP

  • What trends are being seen in consumer issues the plaintiffs’ bar is focusing on in bringing class claims? How can defense lawyers strategically act to prevent such claims before they are filed?
  • Documents and procedures that can allow for an early off-ramp to a class action lawsuit
  • Contract clauses escalating dispute resolution provisions (requiring a chance for the corporate defendant to try and resolve a dispute before a lawsuit is filed)
  • Setting up the argument that one person cannot fulfill that prerequisite for an entire class
  • Strategies for avoiding or defending class claims through early motion practice; strategies for aggressive early motion practice on the class pleading before the merits issues