Earlier this month, the Massachusetts Supreme Judicial Court settled a long-standing debate amongst opposing parties in wage-hour class actions regarding the standard for class certification.
Continue Reading Massachusetts Supreme Judicial Court Settles Debate Over the Class Certification Standard for State Law Wage and Hour Class Actions
Offer Of Judgment
Ninth Circuit Holds That Pre-Certification Offer Of Judgment To Named Plaintiff Does Not Moot Class Claims
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Posted in FLSA/Wage & Hour
On August 9, 2011, the Ninth Circuit Court of Appeals ruled that a putative class action cannot be rendered moot by a defendant’s Rule 68 offer of judgment to the named plaintiff, even when the offer of judgment fully satisfies the named plaintiffs claim. In doing so, the Ninth Circuit joined the other three circuits that have considered the pre-certification effect of an offer of judgment on the mootness of a class action. The other three circuits (Second, Third, and Fifth) have similarly held that a defendant cannot “pick off” lead plaintiffs with an offer of judgment in order to avoid a class action.
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Continue Reading Ninth Circuit Holds That Pre-Certification Offer Of Judgment To Named Plaintiff Does Not Moot Class Claims