Municipal Class Actions: When to Opt-Out and When to Lead or Stay in the Class?
Class action antitrust litigation is often the most cost-effective way to obtain damages when a municipal entity is harmed by anti-competitive corporate conduct. In some instances, however, a municipality may do better to opt out of the class and become an active opt-out litigant. Opt-out class members have more input into directing litigation strategy, and have the flexibility to settle without obtaining court approval. Even when settlement is the preferred outcome, better results are achieved when counsel actively pursues discovery and prepares for trial from the outset of the litigation. This session examines the terrain of municipal antitrust suits, the pros and cons of opting out, and how to maximize recoveries.
Speaker: Robert Eisler, Deborah Elman & Suzanne Sangree