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Expert Analysis

11th Circ. Widens Split Over Class Action 'Pick Offs'

Law360, New York (February 27, 2015, 11:52 AM EST) -- One strategy defense counsel uses to dispose of a putative class action at an early stage in the litigation is to make an individual offer of judgment under Rule 68 to the named plaintiff, giving them full relief on their individual claim (also known as a "pick off"). Recently, in Stein v. Buccaneers Limited Partnership, the Eleventh Circuit ruled that such offers will not moot the plaintiff's ability to represent a putative class.[1]...

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