Strategies to Defend a San Diego Class Action Lawsuit

Strategies to Defend a San Diego Class Action Lawsuit

The Watkins Firm has proven strategies to defend a San Diego class action lawsuit and protect the financial and business interests of our clients.  Our firm has defended employers, business owners and corporate interests for decades here in San Diego.  Our unique approach to litigation combined with our skill and expertise in taking apart class actions ensures your company the maximum opportunity to eliminate the risk of a class action lawsuit.

The first of many strategies to defend a San Diego class action lawsuit is to prevent the certification of the class itself.  To certify a class and commence a class action plaintiffs lawyers attempt to find many examples of either a deficiency in your product or a claim related to its marketing.  The use a “representative case” to advertise and attract others, ultimately presenting the Court with a request to certify the class and assign their firm as lead counsel.  The claim of one plaintiff may be limited, from a few dollars to a few thousand dollars.  However, when the plaintiff’s firm pulls together a large group of cases the financial exposure to our clients can be staggering.

The legal steps required to certify a class provide many opportunities for the Watkins Firm to raise legal challenges to successfully prevent the class action from certification.  Without the certification of the class itself, plaintiff’s lawyers usually do not have a financial interest in pursuing any of the legal claims associated with the proposed class individually.  In order to certify a class the plaintiff must prove the “class” itself is comprised of similar cases which, if tried separately, would clog the court system.  Therefore they request the certification of a “class” so the court may deal with a single court case to resolve hundreds or thousands of claims at once.

The primary strategy is to establish the lack of connection or similarity between the representative cases proposed by the plaintiffs or broad groups of the class itself.  Did each representative case use the product in the exact same way?  Did they purchase it for the same purpose or proposed benefit?  Did they experience the same damages, failure or lack of benefit?  Exposing the different ways the individual plaintiffs used the product and the differing ways in which they suffered a “loss” exposes the class ultimately leading to its defeat.

There are several other effective strategies to defend a San Diego class action lawsuit available to the Watkins Firm.  Draw upon our decades of experience and learn about our work defending “organic” or “Made in the USA” class actions, review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn how the Watkins Firm can help to head off the exponential financial risk of a class action lawsuit.