5 Tips For Targeting Pleadings In Consumer Class Actions

The legal standard applicable to motions to dismiss is notoriously low (and plaintiff-friendly). However, particularly in the context of fraud and the resulting heightened pleading standard, courts are becoming more willing to require plaintiffs to articulate with specificity the alleged facts purportedly supporting their claims, including class allegations. Success on motions to dismiss — even partial success — can have significant benefits, because costs and exposure tend to increase as the case proceeds through discovery and the class certification stage. In some cases, more experienced class action attorneys will be added as lead class counsel if a complaint survives the pleading stage.