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Category: Pick-Off Exception

May 30, 2023 Michelle A. Liguori
Posted in  Class Certification Daubert and Admissibility at Class Certification Pick-Off Exception Standing

Recent Fourth Circuit Class-Certification Decisions Shed Light on Mootness, Standing, and Evidentiary Burden at Class Certification

Over the past year, the Fourth Circuit has issued three decisions on class certification—all of which either affirmed certification or reversed and remanded to the district court to rule on certification. The opinions show the Fourth Circuit applying key principles in class-action practice, including mootness and the relation-back exception, standing […]

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August 31, 2020 Joseph D. Hammond
Posted in  Pick-Off Exception

North Carolina limits defendants’ ability to “pick off” class claims.

Disclaimer:  inside baseball, and also baseball, contained within. In baseball’s version of the “pick-off,” a baserunner is caught standing too far from base and tagged out.  In the legal world, defendants sometimes “pick off” a class action by mooting the named plaintiff’s individual claim before a class has been certified.  […]

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