Plaintiffs in proposed class actions have long questioned when is the appropriate “early practicable time” to file a motion for class certification. Until recently, however, it was clear that this dilemma lay squarely with plaintiffs alone.
In Vinole v. Countrywide Home Loans Inc., 571 F.3d 935 (9th Cir. 2009), the U.S. Court of Appeals for the Ninth Circuit turned this well-settled principle on its head by permitting a defendant to preemptively challenge class certification. On the two-year anniversary of this landmark decision, the benefits and pitfalls of this new type of motion practice have become more apparent and should be considered by any litigant in a proposed class action.
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