Posts in Settlements.
One of the more interesting developments in class action law as of late is the use of the pick-off play, which occurs when a potential class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward. Different circuits have come down on different sides on the issue as to whether a Rule 68 ...

The Sixth Circuit recently published an opinion in Buchanan v. Northland Group, Inc., which is a relatively rare decision related to the Fair Debt Collection Practices Act. The opinion offers a deep, fact-based look at the FDCPA case from the Western District of Michigan.

The pick-off play occurs when a prospective class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward. A few recent stories provide helpful context on this strategy.

Supermarket chain Publix recently settled with a class of employees/applicants for employment at the grocery store. The class brought suit under the Fair Credit Reporting Act (FCRA), which requires employers to “provide prior written notice before they can procure a consumer report about any employee or applicant for employment ...

What happens to a class action when the named plaintiff accepts a Rule 68 offer of judgment? According to a recent Ninth Circuit decision, the Rule 68 settlement could moot the entire action.

Two large Ohio retirement systems will receive a portion of Fannie Mae's $143 million class action settlement
Sixth Circuit Vacates Class Settlement, Applies New “Preferential Treatment” Test
WellPoint settles class action with Anthem policyholders for $90 million
Cy pres and class action settlements: Giving away other people’s money

Sixth Circuit to consider whether pre-certification offer of complete relief to plaintiff requires dismissal of case

$725 million AIG settlement to aid Ohio pension funds and shareholders

Countrywide settles housing discrimination claims with Justice Department

The Seventh Circuit Court of Appeals recently held a defendant may moot a plaintiff's class action complaint by "offer[ing] him his full request for relief." 

A proposed settlement has been filed in the case of In re National City Corporation Securities, Derivative & ERISA Litigation Class Action, MDL No. 2003, Northern District of Ohio Case No. 1:08-NC-70004.

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