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As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.

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Class Action Blog
September 3, 2018

Class Rep’s Inadequacy Kills Class Action, Not Defendant’s “Pick Off” Attempt

The 7th Circuit affirmed the district court’s finding that a proposed class representative was inadequate, justifying the class certification denial. However, the 7th Circuit reversed the ruling that the Rule 67 payment into the Court’s treasury of more than what Plaintiff was entitled to recover mooted the case thus justifying its dismissal. The court also emphasized that district courts have many tools available to respond to abusive litigation practices.