When Venue Dictates Tools For Early Class Cert. Challenges
Partner Adrienne B. Koch published an article with Law360 on May 4, 2020 that looks at how early strategic choices for defense counsel wishing to challenge class certification may vary depending on the court in which the case is filed.
“Counsel facing a class action complaint should look for the earliest credible opportunity to challenge the class allegations. In some courts this may be at the pleading stage; in others, it may not,” she writes. “But even if the case is filed in a venue that is not receptive to pre-answer motions to dismiss class allegations, that does not mean the plaintiff fully controls how and when the question of class certification will be decided.”
Read the full article as a PDF here.