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Class Actions

Class action practice involves a complex interplay between substantive law, the legal requirements for class certification, and the proposed class definition. Increasing that complexity is the rapid change impacting this practice area, whether it is the result of the 2005 federal Class Action Fairness Act or changes in standing requirements for class members under California’s consumer protection statutes. Substantial appellate expertise is needed to challenge orders of class certification. We understand the complicated rules and considerations in play when a class is certified, we are on top of the ever-changing legal landscape, and we are expert at challenging class certification orders in the appellate courts.

Our class action work is far-reaching. We consult with clients in the trial court to develop theories that maximize the likelihood that class certification will be denied. We also assist clients in preparing motions for class decertification when, for example, a change in the law renders an existing certification order suspect. Most importantly, we prepare writ petitions and appellate briefs challenging the propriety of orders certifying classes, both in state and federal courts. 

Contact Felix Shafir or Peder K. Batalden for more information about our Class Actions practice.

Representative Wins

Representative Briefs

  • Exxon Mobil Corp. v. State of New Hampshire (2016)

    United States Supreme Court brief arguing that the United States Constitution’s Due Process Clause prohibits Trial by Formula in state court representative actions.

  • Augustus v. ABM Security Services, Inc. (2015)

    California Supreme Court brief arguing that on-call rest breaks comply with California law, as confirmed by the administrative and legislative history of Wage Orders promulgated by the Industrial Welfare Commission and relevant Labor Code provisions.

  • Augustus v. ABM Security Services, Inc. (2014)

    California Court of Appeal brief arguing that the United States Constitution’s Due Process Clause prohibits Trial by Formula on either liability or damages issues in state court class actions.

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