Class Action Defense in San Diego: Diffusing a Complex Legal Challenge


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Class action defense is unfortunately a more common reality for California and San Diego agricultural, technology and manufacturing producers. Plaintiff’s attorneys attempt to find issue with a product, service or goods that affects a large group of people. The goal is to organize these individual cases into a large group known as a “Class.”

It is more efficient for the court to hear one large “class action” than hundreds or thousands of smaller cases separately. Once a class action has been established, the court hears the case and determines financial damages suffered by the class.

The court ultimately establishes the process by which the resulting damages are to be distributed between each member of the class. The
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largest financial winner in these cases is the plaintiff’s attorneys who rack up heavy legal fees.

A class action against your business can result in a substantial and often life-threatening financial exposure for your company. It is important to take swift action to prevent the certification of the class or to assail the representative cases and the nature of the class itself to defeat the class action. This requires extensive legal skill, expertise, resources and experience to diffuse a complex and potentially expensive legal challenge.

Class Action Defense – Opposing the Certification of the Class

Your San Diego class action defense attorneys should do everything possible to prevent the certification of the class. The judge is presented with a large number of cases by plaintiff’s attorneys. The plaintiff attempts to establish the related nature of the cases and the experiences of the members of the class. The defense of a class action begins with a thorough analysis of the proposed class. Sound strategy is based upon differences between representative cases. If the underlying cases are different, they cannot be related and bound into a class.

Expert class action defense attorneys work to identify the differences in the experiences, financial exposure and damages associated with representative cases of the proposed class. How did the plaintiff in case “A” differ from the plaintiff in cases “B”, “C” and so on? Class action defense attorneys work to show the difference in how the plaintiffs in each case used the product, good or service. They work to disrupt the position that all of the cases are related. If the plaintiffs are not uniform in their experience with the product, good or service in question a class cannot exist.

Disputing the Underlying Facts in a San Diego Class Action Defense

Experienced San Diego class action defense attorneys effectively undermine the strategies of plaintiff’s attorneys. The defense draws upon California and federal law and how they are applied to the case at hand. Skilled class action defense attorneys work to expose underlying facts about the company they represent and how they developed and produced the goods, services or products in question. They make the court aware of the warnings and directions included with the products and how potential plaintiffs did not use the product as intended or instructed.

San Diego class action defense is rooted in disrupting the underlying facts that purport to associate the individual cases of each plaintiff into a class. Without a central class, there are not enough financial damages in a case-by-case basis to justify plaintiff’s attorneys and their fees.

ABOUT THE AUTHOR: Daniel Watkins
Mr. Watkins is an experienced litigator and trial attorney with over 50 Jury and Bench trials to his credit in decades of practice. He has successfully represented both large companies and individuals, and achieved substantial victories in well-publicized trials throughout California and Wisconsin

Mr. Watkins has successfully tried cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practice, Fraud, Breach of Contract, Premises Liability, Product Defect, Discrimination, Sexual Harassment, Construction Defect, Unfair Competition, Defamation, and Trade Secret

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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