Class Action Defense Counsel adding 'The Pick Off' to Their Playbooks

In recent years, we've noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff full relief through a Rule 68 offer of judgment and, even if the plaintiff reject the offer, argue that the fact that they were offered full relief nevertheless moots the case and requires dismissal.



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