Class Actions
From securities litigation to toxic torts and product liability, class actions have one thing in common: they have far reaching implications for both the plaintiff and defendant. In this sort of high-stakes litigation, it is crucial to have representation with intimate knowledge of the procedural framework as well as the capacity to handle complex factual and logistical issues. The Firm handles federal court, state-wide, and multi-state class actions for both plaintiffs and defendants.
For a defendant, a putative class action can threaten the productivity and even the life of your business. The Firm takes a comprehensive approach to class action defense, strategically challenging class certification at all stages of the litigation. While Rule 23(a) factors are often passed over as a low bar for class certification, class certification starts there, and so do we. Rule 23(b) then provides that only certain types of actions may be certified as class actions. This usually means that class issues must be predominate over individual issues and that a class action be the superior procedure for resolving the claims. Defeating a claim of predominance can often require complex evidentiary showings and expert analysis. Brinson-Askew has the resources to manage the evidence that your defense requires.
Because we are familiar with class action defense, the attorneys of BABSR&D have a strategic leg up in representing plaintiff classes. We know the strategies that large corporate defendants use to evade class certification and can use this knowledge to your advantage. There are unique challenges to suing a big company or companies. Corporations typically devote substantial resources on legal defense and can use these resources to challenge every aspect of your case. In contrast, plaintiffs frequently have limited resources, making every strategic decision important. Because we've worked on both sides of the aisle, we can help you get the recovery you are entitled to receive.
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