Civil Litigation,
9th U.S. Circuit Court of Appeals
Aug. 16, 2011
9th Circuit says no to 'picking off’ class members
Big news for the plaintiffs' bar that levels the playing field and ensures a fair fight.
Eric B. Kingsley
Partner, Kingsley & Kingsley APC
Labor & Employment
16133 Ventura Blvd #1200
Encino , CA 91436
Phone: (818) 990-8300
Fax: (818) 990-2903
Email: eric@kingsleylawyers.com
Loyola Law School; Los Angeles CA
Eric is the former board chair of the Anti-Defamation League's Los Angeles Region.
In the recent 9th U.S. Circuit Court of Appeals decision Pitts v. Terrible Herbst Inc., 2011 DJDAR 11955 (9th Cir. Aug. 9, 2011), the court ruled favorably for the plaintiffs in a case involving the "picking off" of class members. The primary issue concerned a Rule 68 offer to compromise made by the defense to a class representative. The defendant argued that, because the offer was for $900 and the plaintiff's damages could only be $88, the court should dismiss the plaintiff's claim...
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