Defense of Class Action Litigation in Federal Court
Practical wisdom gleaned from defending hundreds of class actions
The authors and contributors of Defense of Class Action Litigation in Federal Court have collectively defended hundreds of class actions. Now, they have written this definitive treatise on the topic from a defense counsel’s perspective—whether in-house or outside—while making their practical experience available to all practitioners, regardless of the side represented.
This informed, accurate and balanced guide to strategy and research focuses on practice under Federal Rule of Civil Procedure 23, the governing rule for class action practice in federal courts. It canvasses the entire body of class action litigation jurisprudence as it has continued to develop in the federal courts, and notably in the U.S. Supreme Court, defining the parameters and limitations of class action litigation.
The authors thoroughly review the myriad issues presented in class litigation beginning with procedural chapters following a “life of the lawsuit” chronology, including:
- Initial jurisdictional matters and responding to the initial pleading
- Issues of class discovery
- The process of class certification and its prerequisites including class definition, numerosity, commonality, typicality, and adequacy of representation
- Contents of settlement agreements, court approval, and notice
- Alternative dispute resolution and the effect, enforceability, and availability of arbitration
- Ways to seek appellate relief
Defense of Class Action Litigation in Federal Court also addresses claims across a wide range of practice areas, covering specific types of federal class action litigation and special topics such as:
- Antitrust and the broad scope of discovery in such cases
- Class actions in federal bankruptcy courts and coordination with Chapter 11 proceedings
- International and cross-border class actions with discussion of Europe, China, Russia, Australia, Hong Kong, Singapore, and more
- Mass tort class actions such as asbestos, disasters, tobacco, pharmaceutical and medical devices, and environmental exposure
- Crisis management for defendants, including internal or independent investigations and public relations representation
SUMMARY OF CONTENTS
Chapter 1. Federal Court Removal Jurisdiction in Class Actions
Chapter 2. Responding to the Initial Pleading and Motion Practice
Chapter 3. Class Member Investigations and Communications
Chapter 4. Class Certification
Chapter 5. Class Certification Orders
Chapter 6. Settlement
Chapter 7. Appeal
Chapter 8. Alternative Dispute Resolution
Chapter 9. Antitrust Class Actions
Chapter 10. Class Actions in Bankruptcy Court
Chapter 11. International and Cross-Border Class Actions
Chapter 12. Mass Tort Class Actions in Federal Court
Chapter 13. Crisis Management for Defendants in Class Actions
Table of Cases
About the Authors
Bruce Allensworth is a partner in K&L Gates’ Boston, Massachusetts office, and is a member of the firm’s Financial Institutions and Services Litigation group and the Class Action Litigation Defense group.
Matthew G. Ball is a litigation partner and business trial lawyer in K&L Gates’ San Francisco office, focusing on class action defense and strategic commercial litigation for consumer-focused industries.
Andrew C. Glass is a partner in K&L Gates’ Boston, Massachusetts office, in the firm’s Financial Institutions and Services Litigation group and the Class Action Litigation Defense group.
Todd L. Nunn is a partner in K&L Gates' Seattle office. His practice emphasizes class action defense and employment litigation.