Class Action and
Opt-Out Practice
Class action lawsuits pose a huge potential liability for defendant
companies and are largely governed by procedures that can differ
from the typical commercial business civil action. So mounting a
strong and effective defense to class action cases is paramount.
Class actions that allege antitrust violations can result in a
defendant's having to pay both treble damages and the class's
litigation expenses.
In our defense of class actions, depending upon the factual and
legal circumstances of the particular case, we first assess the
likelihood that the Court could dismiss the complaint or deny class
certification. If such a course fits our overall strategy, we will
move the Court for such relief. If those procedural efforts are
unsuccessful, we will participate in discovery with an eye to
seeking similar dispositive relief though a pre-trial motion for
summary judgment, which, if successful, will avoid a jury trial. If
summary judgment is denied and the case goes to trial, we have
considerable trial experience in the area of complex litigation and
are well prepared to try the case.
We are also mindful that not every case warrants such herculean
procedural efforts (whose cost may not be justified). Thus if the
facts and law are significantly unfavorable, we responsibly assess
the litigation risks and, in appropriate cases, seek authority to
negotiate a settlement on terms that are most favorable to our
clients. Oftentimes an early settlement can be obtained at an amount
that is less than the cost of litigation. A settlement also
eliminates all litigation risks.
We have experience defending corporations against class action
lawsuits involving alleged violations of the antitrust laws. In
defending those cases, we draw on our general procedural experience
along with specific knowledge gained from our years of defending
antitrust cases to provide the legal representation necessary to
manage all risks involved.
On the plaintiffs' side, an aggrieved
class can efficiently achieve redress for monetary injury through
either a class action or, in the right circumstances, an opt-out
class action in which otherwise qualified class members decide to
form their own separate class to achieve a result that may address
certain needs or be handled on more favorable terms than the main
class. We have successfully represented clients that elected to
“opt-out” of class action lawsuits, choosing instead to proceed with
separate litigation, the most notable case being the Vitamins
Antitrust class action filed in Washington, D.C.
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