The latest attempt at “picking off” a lead plaintiff in a class action got shot down on Tuesday — and by the same circuit that rejected a similar move earlier this summer.
“The idea of a theme and variations is a common one in music. It should be in law, too,” wrote Diane Wood, chief judge of the U.S. Court of Appeals for the Seventh Circuit, in a class action against Volvo Cars of North America LLC. But numerous efforts by defendants to find loopholes to the U.S. Supreme Court’s 2016 decision in Campbell-Ewald v. Gomez haven’t been successful. That ruling found that an unaccepted offer of judgment made to a lead plaintiff did not moot his class action.
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