A consumer class action lawsuit often presents a serious threat to a defendant business, exclusive of the substantive merits of the class claims. If a threatened nationwide class action proceeds to litigation, that business is exposed to the risk of a judgment that may include significant monetary and injunctive components.
Inevitably, and, again, regardless of the substantive merits of the claim, the business incurs considerable attorneys’ fees in the course of defending itself. Typically, the bulk of these fees relate to discovery and motion practice because class actions routinely settle short of trial.
