Using Motions to Dismiss to Challenge Class Allegations
2009
© 2009 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 2, No. 6 edition of the Bloomberg Law Reports - Class Actions. Reprinted with permission.
From a defendant’s perspective, a class action can be a litigation nightmare. Even setting aside the potential exposure should the case reach the judgment phase, defending a class action ups the ante significantly with respect to the cost of the suit and the resources necessary to defend it. Further, many employees, including executives, will inevitably be required to turn their attention away from running the business and expend time and energy to participate in interviews or depositions, search for and collect documents or otherwise assist in the defense of the class action.
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