High-Stakes Litigation for Businesses and Individuals
Class action lawsuits present some of the most significant legal risks businesses face — and some of the most powerful remedies available to groups of individuals harmed by common conduct. Whether you are a business defending against a class action or an individual or business seeking to pursue one, the outcome turns on strategy, preparation, and deep familiarity with the procedural requirements that govern these complex cases.
SilverCain represents both plaintiffs and defendants in class action litigation throughout Arizona and in federal courts, across a broad range of commercial and consumer disputes.
Class Action Matters We Handle
Our Approach
Class certification is often the most critical battleground in class action litigation — cases that are certified become exponentially more expensive and complex to defend, while cases that are decertified or never certified may resolve or be dismissed without a full trial. SilverCain brings strategic depth to class certification issues and to the full lifecycle of class action litigation, from the first demand letter through trial or settlement.
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Phone: +1-602-726-1244| Email: info@silvercain.com | 3101 N. Central Avenue, Suite 1410, Phoenix, AZ 85012
In a class action, a representative plaintiff sues on behalf of a defined class of similarly situated individuals, and the outcome typically binds the entire class. In a mass tort, many individual plaintiffs with similar claims against a common defendant maintain their own individual cases, which are often coordinated for pretrial proceedings. The appropriate vehicle depends on the nature of the claims, the variation among potential claimants, and strategic considerations for both plaintiffs and defendants.
Under Rule 23 of the Federal Rules of Civil Procedure (applicable in federal court) or Arizona's equivalent rules, a court must find that the proposed class meets requirements of numerosity (enough class members to make individual suits impractical), commonality (common questions of law or fact), typicality (the representative plaintiff's claims are typical of the class), and adequacy of representation. The court must also find that a class action is the superior method for resolving the dispute.
Businesses facing class action lawsuits have several strategic options, which are not mutually exclusive: challenging class certification (arguing the proposed class does not meet legal requirements), pursuing early settlement to limit exposure and legal costs, moving to compel individual arbitration if the underlying contracts contain valid arbitration clauses, and defending the merits of the underlying claims. The right strategy depends on the specific claims, the governing contracts, and the strength of the liability and damages case.
Yes. Businesses can participate as class members and even as class representatives in class actions against common defendants — for example, in antitrust class actions where businesses were overcharged as a result of price-fixing, or in cases involving deceptive practices by vendors or suppliers. We represent business plaintiffs in these contexts.
Class actions are among the most time-consuming litigation matters. From filing to resolution, complex class actions routinely take three to five years or longer in federal court, with substantial litigation activity at the class certification stage before any merits issues are fully addressed. Early settlement is common in many class action contexts and can significantly shorten the timeline for all parties.
