When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of "pick off" moves, at minimum for actions under the Fair Labor Standards Act if not, at least by inference, under Rule 23 as well.
http://www.jdsupra.com/legalnews/genesis-healthcare-v-symczyk-nearly-as-01587/
http://www.jdsupra.com/legalnews/genesis-healthcare-v-symczyk-nearly-as-01587/
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