Handling Your First Class Action Case

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's practice encompasses many areas including insurance coverage, general liability, premises liability, personal injury, employment, business, bad faith, class action litigation and declaratory relief actions. Annette has tried cases to jury verdict, including a 27-day jury trial in the U.S. District Court for the Southern District of California. She also has experience with bench trials and arbitrations.

    Annette's class action experience includes representation of both Plaintiffs and Defendants in the areas of consumer law, healthcare law, and employment law including wage/hour disputes, misclassification, and FLSA actions.

    Contact Annette

      • 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
    1. Arbitration Agreements
      1. Contract Silent
      2. Class Waiver
    1. Vetting Your Class Representative
      1. Plaintiff Perspective
        1. Vetting your Named Plaintiff
    1. Defense Perspective
      1. Investigating the Named Plaintiff
    1. You CAN’T Have a Class Action Without These
      1. C – Commonality
      2. A – Adequacy
      3. N – Numerosity
      4. T - Typicality
    1. Theory of the Case
      1. Plaintiff Perspective
        1. Greedy Defendant
        2. Poor, Defenseless Class
    • Class Action is the Only Hope
    1. Defense Perspective
      1. Greedy Plaintiff Attorneys
      2. No Harm or De Minimus Harm to Class
    • Class Action is Not Necessary or Appropriate
    1. Class Certification
      1. Plaintiff Perspective
        1. Simple Case
        2. Entire Class in Same Boat
    • Certification is Necessary for Economy and Justice
    1. Defense Perspective
      1. Hopelessly Complex Case
      2. All Class Members Treated Differently
    • Certification is Miscarriage of Justice for a Bet the Company Lawsuit
    1. Settlement
      1. Preliminary Approval
      2. Notice
      3. Final Approval

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