Filing An Early Motion To Strike Class Allegations

A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to strike class allegations where it is obvious that a class cannot be certified. The benefit of resolving class certification at the pleadings stage, thereby avoiding costly and protracted discovery, is obvious. Moreover, the district court in Oom v. Michaels, Inc., No. 1:16-CV-257, 2017 WL 3048540 (W.D. Mich. July 19, 2017) viewed the motion to strike as case-dispositive and struck the class allegations on four separate grounds: ascertainability, typicality, commonality, and predominance.

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