The class actions the firm defends typically involve multiple related actions filed in the United States, often in the state and federal court systems. Latham litigators regularly defend complex class actions in a wide array of disciplines, including:
Class action litigation strategy often involves determining how best to handle competing and over-lapping lawsuits in multiple jurisdictions. Latham's team immediately assesses whether a case filed in state court can and should be removed to federal court. The firm has pursued creative and successful removal strategies, even where plaintiffs tried to plead around federal jurisdiction. In some cases, the firm has concluded that a coordinated and consolidated approach is best.
Latham has substantial experience before the United States Judicial Panel on Multidistrict Litigation (MDL Panel), and in handling litigation consolidated by it. The firm is also adept at crafting innovative solutions to the challenge of coordination between the federal and state judiciary, where no ready-made structure exists.
In addition to managing the vital questions of jurisdiction, venue and coordination, Latham's team crafts a strategy from the outset of any suit to attack the legal underpinnings of class actions, either by motions to dismiss or summary judgments. The team also focuses from the very start on the all-important class-certification battle, and has defeated class certification on numerous occasions. Latham's legal creativity also extends to crafting state-wide and nation-wide settlements: the team has negotiated many favorable settlements, and has managed those settlements through the court approval and notice processes, including upholding them on collateral attack.