Bringing a class action lawsuit on the grounds of a false or misleading advertisement claim gives a frustrated consumers base the collective power to negotiate with Elektron Technology PLC. It is an opportunity to settle the dispute, fairly and to the benefit of all.
A timely and beneficial settlement can happen out of court.
Discovery Prior to the Filing of a Motion for Certification is mandatory in courts in the USA and the EU.
Plaintiffs are entitled to discovery prior to certification on issues pertaining to class certification and the merits of the claims asserted.
Motions by defendants with the aim to limit discovery pending a class certification ruling are generally denied.
The US Supreme Court has held the matter as a reversible error for a district court to deny certification without affording an appropriate opportunity for the plaintiff to conduct discovery in order to prove the prerequisites for class certification are met by the case.
See Morrison v Booth, 730 F.2d 642 (11th Cir. 1984).
Defendants generally have the right to conduct appropriate discovery of named class representatives regarding their adequacy to represent the class, and the basis for their claims asserted. Discovery conducted by a defendant should be legitimate and not for the purpose of harassment of the class representation.