Various dispositive motions are routinely filed in class-action litigation; however, courts frequently decline to rule on them until after class certification. The timing of such motions, and a court’s grant or denial, has different effects on the course of class litigation, with applicable reported decisions sparse and in conflict.
What role do dispositive motions play in class-action litigation? When and why would plaintiffs or defendants file dispositive motions? What strategic considerations exist for filing dispositive motions? What effects do dispositive motions have on individual and class claims? When and how should courts handle dispositive motions?
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