In what circumstances will defendants not simply "pick off" representatives of a putative class to foil a class action?
MultiRegion, United States of America
The following excerpt is from Luman v. Theismann, No. 2:13-cv-00656-KJM-AC (E.D. Cal. 2014):
Plaintiffs assert defendants may not simply "pick off" representatives of a putative class to foil a class action. (ECF 24 at 3-4 (citing Pitts v. Terrible Herbst, Inc., 653 F.3d 1081, 1091 (9th Cir. 2011)).) In such situations, plaintiffs reason, courts consider the named plaintiff's position as relating back to the time the original class action complaint was filed. (Id. at 4.)
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