One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful,
Continue Reading Attacking the Lead/Named Plaintiff As An Inappropriate Class Representative: Another Arrow In The Employer’s Quiver
decertification
Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
By Mark Tabakman on
I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with…
Continue Reading Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!
By Mark Tabakman on
I often preach that, when dealing with a class action, the employer should try to pick off the named plaintiff, perhaps overpaying to do so (or maybe not). In this…
Continue Reading Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!