If you are being sued as part of a class action, then you need a lawyer’s assistance to head off the class certification. You are also probably being sued for a large amount of money, since the class plaintiffs are pooling all of their claims against you. It is therefore critical that you defeat class certification, and a qualified attorney is a must.


Should you defeat the class certification, then the individual plaintiffs must bring individual lawsuits. They can’t bundle their claims in a class action. As a result, some plaintiffs might not want to sue, and others won’t have injuries worth enough money for a lawyer to represent them. You can avoid many lawsuits if you prevent class certification.
If you don’t know how you can afford a lawyer, then look at any insurance policies that you have. You may have products liability coverage (if your product injured the plaintiffs), professional malpractice insurance, or homeowners’ insurance. Read your insurance policy. Some policies contain “duty to defend” provisions. In that situation, the insurer agrees to defend you against lawsuits if there is potential that the claim will be covered by the policy.;
, A class action will be brought in state or federal court. In order to be certified as a class, it needs to meet the requirements for certification. The requirements for certification in state and federal court are similar. Indeed, many state rules have been modeled on the federal certification rule.To find the rule, you can visit your local law library and ask the librarian to show you the rule on class certification. Your nearest law library may be at the courthouse or at the nearest law school.
Your lawyer should also show you the law and discuss whether the plaintiffs can meet the certification requirements.
 To qualify for class certification, federal law requires that the plaintiffs show that they share common questions of law or fact.You should look at the injuries the plaintiffs claim to have suffered and see if they are similar or actually different.


For example, a group of plaintiffs might sue you for prescribing a certain pill. However, you might have prescribed it to treat very different illnesses and in different dosages. If some plaintiffs took the pill to treat one disease, and another group took the pill to treat a different disease, then the plaintiffs might not all share common questions of law or fact.
 Each class action has a group of plaintiffs representing the entire class. They are the ones who show up in court, and whose lawyers actually handle the case. In order to serve in their role as “representative plaintiffs,” their claims must be typical of the entire class.You can defeat class certification by showing how the representative plaintiffs have claims that differ substantially from those of the other class members. Although the representative plaintiffs might have all used the same pill to treat joint pain, 90% of the rest of the class might have used the pill for other reasons.
 In order to certify the class, the judge has to agree that the representative plaintiffs can fairly and adequately represent the interests of the entire class.Typically, you argue that the representative plaintiffs do not have experienced lawyers. For example, the attorneys might never have handled this kind of lawsuit before. If the class action is for medical malpractice, then lawyers who specialize in real estate will probably not provide adequate representation.
You might also allege that there is a conflict of interest between the lawyers who represent the representative plaintiffs and the other plaintiffs in the entire class.For example, if a class representative’s child is married to lead counsel, then you could allege that there is a conflict of interest.In this example, a court might be worried that the class representative and the lawyer have only each other’s best interest in mind, not the best interest of the entire class of plaintiffs.
 When you are sued for money damages, plaintiffs will need to show how a class action is superior to other methods of resolving the dispute, such as individual lawsuits. Plaintiffs must also argue that common questions (whether of law or fact) “predominate” over individual ones.You might be sued for an injunction. An injunction is a legal order commanding you to stop doing something. When class plaintiffs file for an injunction, they need to show that you have acted in a way that applies generally to the class.To show that the class action is not a “superior” method of resolving the dispute, you should argue that individual issues predominate over common ones. You can do this by showing how dissimilar the claims are and argue that it would be too costly and time-consuming to litigate a class action.
 With this motion, your lawyer will argue that class certification is inappropriate for any of the reasons discussed above: there is a lack of commonality, typicality, adequate representation, or predominance of common issues.


You will file this motion in response to the plaintiffs’ motion to certify the class. Because the motion is so critical, you should have your lawyer draft it for you.
If you win, then the class is not certified and plaintiffs will need to bring individual lawsuits or form smaller classes. Often, many of these lawsuits will disappear. For example, if the plaintiffs were each suing you for $25, then an individual lawsuit might not be worth their time. Also, a lawyer will not represent someone on contingency when low damage amounts are in play.
 Class actions are often brought in mass accident cases, like a plane crash. They are also brought in cases when a medicine or medical device injures a large number of people. These cases often require expert witnesses to testify that your product or conduct caused the plaintiffs’ injuries. You also might use an expert to testify as to what you should have done when treating patients.


You and your lawyer should line up legal experts of your own. If the plaintiff has an expert, then you will need an expert as well. Often, these kinds of lawsuit turn on “dueling experts,” each of whom says something different. The jury must then decide which expert to believe. Your lawyer should be familiar with experts who are willing to testify for the defense in your kind of lawsuit.
You also will need to do background research on the plaintiff’s expert. Not only do you present your own expert, but you will also try to undermine the plaintiff’s expert. You can challenge an expert’s educational credentials, professional experience, and competency.
Expert witnesses can be quite expensive. For example, a non-medical expert witness charges on average $248. A medical expert witness charges around $555.Experts also charge for reviewing the file, giving a deposition, and preparing their testimony.
 Jury selection in class actions can be critical, particularly if you represent a large corporation. Research evidence suggests that juries will treat corporations more harshly than they do poor or even wealthy individuals.Your lawyer should prepare extensively for jury selection. He or she may even hire a jury expert, who will try to uncover the hidden biases of individual jurors.
 A trial begins with each side’s attorney making an opening statement. The purpose of the opening statement is to give the jury some sense of what evidence will be presented and what this evidence will show.


Opening statements are not evidence themselves. Sometimes, a lawyer might never present evidence mentioned in the opening statement. Instead, the purpose of the statement is to provide the jurors with a roadmap of what the trial will be about and what kinds of issues you and the plaintiffs disagree about.
 As the defendant, you will have to wait for the plaintiffs to present their case first. Your lawyer will then cross-examine their witnesses and expert witnesses. The purpose of cross-examination is to challenge the credibility of the witnesses so that the jury has doubts about their stories.


If this is a personal injury lawsuit, then your lawyer will have to be delicate when handling the class representatives. They probably have suffered debilitating injuries and might appear quite sympathetic to the jury. For this reason, your attorney may ask the witness only basic information. Some attorneys might not ask any questions of the witness.
Your lawyer can be more aggressive with expert witnesses. For example, she might challenge the expert’s testimony by citing a published article or book in which the expert expressed a contrary opinion than the one he is giving on the witness stand., After the plaintiffs present their case, you will be able to present yours. If the plaintiffs used an expert witness, then you will also present your own expert witness.


You might even have to testify yourself at trial, particularly where your actions are in dispute. If you have to testify, then your lawyer should have helped prepare you for the testimony by doing practice sessions beforehand. To testify effectively, remember the following:Sit up straight and look at the attorney who is asking you questions. As you answer, turn to the jury and look at the jurors.
Listen carefully to the question and answer only the question asked. Don’t volunteer information.
Answer as simply and clearly as possible. If you don’t understand a question, ask for clarification.
Don’t gesture as you testify. That can be distracting.
Tell the truth and don’t look at your lawyer when you are cross-examined. When you look repeatedly at your attorney, it creates the impression that you are looking for help.
 Jurors would benefit from visual aids if the subject of the trial is complicated. For example, if the lawsuit involves dangerous side-effects of medicines, then lawyers might use models or diagrams of the human body to show how the medicine interacted with the body.


Your lawyer might also blow up or enlarge portions of important records, such as medical records.The jurors will remember the key portion of the document you want to highlight if you enlarge it in this way.
Your lawyer could also create a video animation, if that would help make the evidence easier to understand for the jury. The animation recreates an accident, event, or medical procedure., At the close of evidence, your lawyer will make a closing argument. The purpose is to argue to the jury that the evidence did not show that you are at fault for the plaintiffs’ injuries. The precise legal arguments will depend on the type of lawsuit.


In a class action, the standard of proof is usually a “preponderance of evidence.” This means “more likely than not.”in other words, the evidence must lean 50.1% in the plaintiffs’ favor.
Accordingly, if the plaintiffs are suing for personal injuries caused by your product, you can argue that the evidence is 50.1% in your favor, or at least divided equally, 50-50. In either situation, you will win.
 The judge will read the jurors their instructions and then allow them to retire for deliberations. In state court, the jury probably does not need to reach a unanimous verdict. In federal court they still do., The greatest threat in a class action is that the jury will award a huge amount of damages to the plaintiffs. Because the plaintiffs are all pooling their cases together, damage awards can often exceed $10 million or more.


Also, if you are corporation, jurors might be inclined to think that you can afford to pay such a large amount.
You can file a motion with the court and ask that the damages amount be reduced. This is called a motion for “remittitur.” Your lawyer should draft it. In the motion, he or she will argue that the amount of damages awarded is so great as to “shock the conscience.”, You can also appeal if you lose. Before appealing, you should talk over the strengths and weaknesses of an appeal with your lawyer. You can’t appeal simply because you are unhappy. Instead, you need to point to errors the judge or jury made.
 A valid arbitration clause will allow you to avoid having to defend yourself in court. Instead, you can remove the dispute to arbitration, which is like a trial except that a private person (not a judge) hears the lawsuit. You can draft arbitration agreements in such a way that you reserve the right to arbitrate each case individually, thus avoiding class actions.You should have a lawyer draft the arbitration clause so that it is valid in your state.
 For example, if you run a business, then include it in your employee contracts. If you provide a service, then you can also include it in the service agreement.


Generally, what you put in your terms of service will be considered a contract, provided you don’t try to hide the arbitration agreement., If you are sued by a group of plaintiffs, some of who have signed an arbitration clause, then you can file a motion in court to compel arbitration. You can file this instead of an answer.Arbitration agreements are valid contracts, and people are free to sign away their right to sue in a court or as part of a class action.
Once you remove the case to arbitration, you will only have to defend yourself against individual suits in arbitration.
Of course, you might prefer to defend against only one lawsuit (though the risks of suffering a huge money damage are higher if you take this route). You should talk it over with your attorney. You have the option of not enforcing the arbitration agreement and proceeding in court if you choose.
Hire a lawyer.
Read the applicable law.
Identify differences in the plaintiffs’ claims.
Allege that the representative plaintiffs’ claims are atypical.
Argue that the representative plaintiffs are not adequate representatives.
Argue that the class action is not a superior way of resolving the disputes.
Draft an Opposition to Motion for Class Certification.
Line up expert witnesses.
Select a jury.
Present opening statements.
Challenge the plaintiffs’ witnesses.
Present your own witnesses.
Use visual aids and demonstrative exhibits.
Deliver a closing argument.
Wait for the jury verdict.
Ask the judge to reduce the damages.
Appeal, if necessary.
Draft arbitration clauses.
Include the clause in all contracts.
File a motion to compel arbitration.
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