Class Action Litigation Defense

CLASS ACTION LITIGATION DEFENSE

Jimerson Birr attorneys are experienced in the class action process, knowledgeable about the laws that frequently trigger class actions, and attuned to the strategies that enable clients to evaluate the risks and determine the best approach to class action litigation defense. Class action claims are weighty and impactful. In any high-stakes class action dispute, you want to be certain that you have legal specialists on your side with decades of experience in the field.  Our award-winning litigators have served on some of the most high-profile class action cases, using their extensive industry knowledge and highly regarded technical expertise to match wits with aggressive class action plaintiff’s lawyers.

Jimerson Birr’ lawyers litigate for clients in every major industry and sector, ranging from multinational corporations to large and medium-sized companies. We pride ourselves in our commercially focused, adaptable and practical problem-solving approach to complex disputes— often assisting clients with interests and issues that cross industries, geographic locations and jurisdictions. Our discernment means we can often anticipate and prevent problems before they arise. When litigation cannot be avoided, Jimerson Birr’s class action defense team can be counted on to act quickly and effectively catalyze legal safeguards.

As part of our defense strategy, among other things, in each class action suit we assess the pre-certification dismissal options, the significance of the potential threat to the business, the preclusive effect of initial comprehensive resolution, and intermediate appellate review of class certification rulings. Jimerson Birr’s practical business judgment and ingenuity complement our trial-ready resolve. Our class action litigation defense lawyers collaborate with clients to develop creative solutions that give early settlement a chance, so that clients can protect important company brands and remain faithful to their business goals. We provide a complete range of class action defense legal services, regularly offering counsel in areas such as: 

• Invoking a hands-on defense approach geared toward early establishment of applicable defenses, challenges to certification, class decertification methods, and dispositive motion practice
• Obtaining early dismissals of the named plaintiffs’ claims through motions to dismiss based on such defenses as the statute of limitations, lack of standing or injury, or failure to state a claim
• Seeking early summary judgment and/or proactively defeating class certification through detailed, carefully targeted investigation and focused eDiscovery
• Utilizing the Class Action Fairness Act of 2005 to remove state court class actions to federal court if appropriate
• Opposing or limiting class claims, size or certification in evidentiary hearings through presentation of fact and expert witness testimony and evidence
• Interlocutory appeals of federal and state court class certification determinations
• Moving to consolidate and transfer multiple class action filings to the U.S. Panel on Multidistrict Litigation when appropriate, rather than opposing a class action format
• Recovering from third parties through third party practice
• Advancing defense strategies designed to maximize the potential for favorable settlements where economically and commercially beneficial
• Compelling arbitration or mediation in order to reduce litigation expense

We stalwartly defend our clients and rebuff plaintiff fishing expeditions that surmount to corporate shakedowns. From day one, our lawyers assemble a commanding team to support refuting allegations, challenging class certification, and ultimately seeking dismissal of the case itself. Jimerson Birr is a premier law firm with a market-leading class action litigation defense practice that is tailored to the nuances of the industries we serve. Our clients look to us to bring a distinctively high degree of quality, passion and creativity to resolve class action defense challenges effectively and cost efficiently.

We’re honored to work with some of the world’s most accomplished organizations and the leaders who drive them. We know that on any given day our clients are confronting competition, corporate advancement, risk management, process and product innovation, resource allocation, efficiency stewardship and talent oversight problems; some days all the above. When our clients place class action litigation defense matters with us, they enlist sets of broad shoulders that carry their burdens for them so that they no longer feel their weight. This deep business partnership will give us both an opportunity to be at our best.

We draw on the strength of our character and talents to deliver the best of our firm to every client through true collaboration. On those occasions where our client is perceived to be in the wrong, we help them become right. We don’t confuse effort with results, and we focus on the immutable, allied goals at all times. Partnership with Jimerson Birr on class action litigation defense matters means that you are not looking in any direction but ahead.