Whether you’re representing the plaintiff or defendant, as you set your
strategy in each class action, the class action laws of all
relevant state jurisdictions must be considered. But with many class action
lawsuits encompassing individuals across the country, the state in which to
file is not always clear—and the best way to pursue or defend a case can vary
greatly from state to state.
State Class Actions: Practice and Procedure, Second Edition, is
the one source that combines detailed, state-by-state analysis of the rules
for class actions with practice-proven, professional guidance on
preparing and filing pleadings and motions.
Only the highly practical State Class Actions: Practice and Procedure,
Second Edition:
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Covers each state in an individual chapter
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Follows the class action procedure chronologically, giving you expert insights
into how each state treats class actions every step of the way
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Organizes each chapter according to the same outline to simplify
jurisdictional comparison
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Analyzes the types of actions that have been brought in each state—including
employment actions, environmental actions, fraud, consumer actions, product
liability, and more
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Provides detailed practical guidance on preparing and filing pleadings and
motions
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Serves as the perfect starting point for class action research
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Stands out as the essential reference for anyone prosecuting or defending
against a class action
With complete and comprehensive analysis of the issues surrounding class
action litigation in state courts, the highly practical State Class
Actions: Practice and Procedure, Second Edition makes it easy to:
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Define the type of action you’re filing
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Determine whether your case is best suited for state court
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Compare state class action laws to set the most promising strategy—as
plaintiff or defendant
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Determine if you meet the monetary threshold for bringing a class action in
any particular state
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Evaluate settlement provisions in state vs. federal court
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And much more!
INTRODUCTION
PRE-FILING CONSIDERATIONS
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Jurisdiction and Venue
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Other Concerns
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Professional Responsibility
PLEADING
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Complaint
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Answer
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Counterclaim or Equivalent
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Third-Party Claim or Equivalent
ATTACKING THE PLEADINGS
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Pre-Certification Motions Practice
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Motions Challenging Jurisdiction and Venue
DISCOVERY AND INVESTIGATION
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Putative Class Counsel’s Communications
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Defense Counsel’s Communications
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Scope of Discovery
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Defense Discovery Into Unnamed Class Members
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E-Discovery
CASE MANAGEMENT
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Special Local Procedural Rules
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Selection of Lead Counsel
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Intervention
CLASS CERTIFICATION
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Motion for Certification
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Rule 23(a) Prerequisites to a Class Action
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Differing Standards for Types of Class Actions
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Nationwide Versus Statewide
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Hearing Procedure
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“Affirmative Defenses” to Certification
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Defense Motion for Certification
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Subclasses
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Defendant Classes
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Settlement Classes
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Issue Classes Under “23(c)(4) or Equivalent”
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Injunctive Relief Classes
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Class Certification Orders
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Notice
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Decertification
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Denial of Class Certification
DISPOSITIVE MOTIONS
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Motion for Judgment on the Pleadings
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Motion for Summary Judgment
SETTLEMENT
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Court Approval – Procedure
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Notice
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Conflicts of Interests
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Objections to Settlement
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Cy Pres/Distribution of Unclaimed Amount
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Attorney Fees
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Order Approving Settlement
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Dismissal/Judgment
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Settlement Administration
TRIAL
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Bifurcation
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Proof of Class Issues
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Statistical Sampling
POST-TRIAL
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Fee Award
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Judgment
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Distribution of Recovery to Class Members
APPEAL
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Who May Appeal
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Timing of Appeal
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Interlocutory Appeal From Certification Decision
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Grounds for Appeal
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Standards of Review
ALTERNATIVE DISPUTE RESOLUTION
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Effect of Arbitration Clause
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Class Action Arbitration Procedures
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Arbitration Waivers
