Rule 23 of the Federal Rules of Civil Procedure is one of the most effective means by which “the little guy” can hold a large entity to account for bad conduct.  At the same time, given the broad avenues the Rule presents for the aggregation of claims, it is susceptible to misuse – especially where claimants without true injuries seek to use the Rule for its in terrorem effect, often in lawsuits involving technical statutory violations with uncapped statutory damages (like the Telephone Consumer Protection Act).  That being the case, our lawyers both bring and defend class actions as circumstances dictate – pressing class actions to seek redress for claimants when corporate actors mistreat large groups of customers, but defending companies against unfair class actions that seek to take advantage of the Rule by threatening defendants with the prospect of company-annihilating damages.

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