September 2011

One potential early approach to a class action is to “decapitate” it — to knock out the claims of the class representative(s), often by finding some deficiency in their individual claim that supports a motion to dismiss or for summary judgment.  Another approach, though, is to settle with the named plaintiffs.  That buys no peace with other class members, of course, and so isn’t necessarily the end of the story, but in some cases plaintiffs’ counsel may find recruitment of class reps to be challenging and a decapitation strategy may have more lasting effect.