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