Trending In 3rd Circ.: Motions To Strike Class Allegations

Judicial trends can be tough to spot, but more motions to strike class allegations are being filed of late and federal courts do seem more receptive to the motions. To be sure, courts remain cautious about striking class allegations for the same reason that they are cautious about dismissing a complaint under Rule 12(b)(6). However, motions to strike class allegations can provide an early and cost-effective means of avoiding class treatment, and in clear cases, they can be economical for courts as well as for the parties. The increased use of motions to strike arguably is in lock-step with Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541, 2550 (2011) and Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1432 (2013), which remind us that class actions are "an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only." Id., quoting Califano v. Yamasaki, 442 U.S. 682, 700-701 (1979).