Additional Thoughts On Class Plaintiff 'Pick-Offs'

Law360, New York (February 12, 2016, 3:09 PM EST) -- Within days after the U.S. Supreme Court's decision in Campbell-Ewald v. Gomez, rejecting an effort to “pick off” a class plaintiff and ending the case, a judge in the Eastern District of New York, Sandra J. Feuerstein, read the decision of the Supreme Court as not permitting a defendant to “pick off” a class plaintiff by depositing allegedly sufficient funds to satisfy a plaintiff's claim, and therefore, end the case. I believe this is the first district court to consider the opinion. In Brady v. Basic Research LLC, the defendant moved for permission to deposit funds with the clerk of the court...

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