Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse first
By Hon. James Fitzgerald Smith & Sonja Dimitrijevic
Civil Practice and Procedure,
October 2011
In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
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