The latest issue of the ABA Section of Litigation magazine Litigation News has a very useful article for class action practitioners entitled Mooting the Class. The article is authored by Litigation News Associate Editor John W. Joyce.
The article discusses the various approaches taken in different federal circuits in determining whether settlement with the named class representative renders a class action moot. The article also includes some helpful practice tips on the subject from seasoned class action practitioners on both sides of the bar. If you are a defendant considering this tactic, or a plaintiff trying to prevent it, you’d be wise to read this article.