Handling Your First Class Action Case

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Course Description

This program was recorded on June 19th, 2017

Class Actions are a rewarding area of practice, but are also rife with pitfalls for the unsuspecting practitioner. For those prosecuting class actions, you will learn effective strategies for identifying meritorious cases to bring and gaining class certification. For those defending class actions, you will learn ways to combat the Plaintiff’s claims in order to defeat class certification for your client in these bet-the-company cases.



  • Annette C. Clark
    Annette Clark is a partner with CTSC. Her practice encompasses many areas including personal injury, employment litigation and consultation, business, bad faith, class action, general liability, premises liability, and declaratory judgment actions.

    In addition to litigation, Annette handles a wide variety of insurance coverage matters including offering coverage opinions and advice to both insurance carriers and institutional clients, and handling uninsured motorist arbitrations on behalf of both insureds and carriers. Annette has helped many clients obtain insurance benefits which were originally denied by the carrier under both commercial and personal insurance policies and has obtained summary judgment for insurers accused of bad faith for denying coverage.

    Contact Annette Clark

      • 2 General Credits
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  • Bringing A Class Action Case

    Plaintiff:

    1. Does it pass the smell test?
    2. What are your damages?
    3. Is the remedy you are requesting covered by insurance?

    Defense:

    1. Litigation Hold
    2. Arbitration Agreements
    3. Client Insurance Considerations
    4. Arbitration Agreements
    5. Contract Silent
    6. Class Waiver
    7. Vetting Your Class Representative
    8. Plaintiff Perspective
    9. Vetting your Named Plaintiff

    Defense Perspective

    1. Investigating the Named Plaintiff

    You CAN’T Have a Class Action Without These

    • C – Commonality
    • A – Adequacy
    • N – Numerosity
    • T - Typicality

    Theory of the Case

    1. Plaintiff Perspective
    2. Greedy Defendant
    3. Poor, Defenseless Class

    Class Action is the Only Hope

    1. Defense Perspective
    2. Greedy Plaintiff Attorneys
    3. No Harm or De Minimus Harm to Class

    Class Action is Not Necessary or Appropriate

    1. Class Certification
    2. Plaintiff Perspective
    3. Simple Case
    4. Entire Class in Same Boat

    Certification is Necessary for Economy and Justice

    1. Defense Perspective
    2. Hopelessly Complex Case
    3. All Class Members Treated Differently

    Certification is Miscarriage of Justice for a Bet the Company Lawsuit

    1. Settlement
    2. Preliminary Approval
    3. Notice
    4. Final Approval

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