Class action litigation only works if you have class representatives who can adequately take on the burden of representing the interests of the entire class. In order to attract people to come forward and take on this burden, then, the federal rules provide financial incentives for class representatives in the form of sharing costs for attorneys and incentive awards. The pick-off-and-moot maneuver, however, threatens to undermine these incentives and leave no one to lead a class action group of plaintiffs.

In this exchange, Mitchell explains to Chief Justice Roberts the financial stakes at play for class representatives and why this should be enough to keep Gomez in court, regardless of any settlement offer from Campbell-Ewald.