In This Issue:
- Avoiding Class Certification Through an Offer of Judgment
- CLASS CERTIFICATION DECISIONS:
..Decisions Granting Motions to Strike
..Decisions Denying Motions to Strike
..Decisions Rejecting/Denying Class Certification
..Decisions Permitting/Granting Class Certification
..Other Class Certification Decisions
- CLASS ACTION FAIRNESS ACT DECISIONS:
..Decisions Denying Motions to Remand/Reversing Remand Orders/Finding CAFA Jurisdiction
..Decisions Granting Motion to Remand/ Finding No CAFA Jurisdiction
- Excerpt from Avoiding Class Certification Through an Offer of Judgment:
At least in some circuits, offers of judgment have traditionally afforded defendants an escape hatch from class litigation in federal court. Shortly after a suit was filed, a defendant could moot the individual plaintiff’s claim and extinguish the putative class by offering the plaintiff all of the individual relief he or she sought in an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure. Even if the plaintiff declined the offer, the court would dismiss the case on the ground that the offer to make the plaintiff whole eliminated the controversy between the parties, depriving the court of jurisdiction. As one court explained, such an offer “eliminates a legal dispute upon which federal jurisdiction can be based,” because “[y]ou cannot persist in suing after you’ve won.” Greisz v. Household Bank (Ill.), N.A., 176 F.3d 1012, 1015 (7th Cir. 1999)...
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Topics: CAFA, Class Action, Class Certification, Federal Rules of Civil Procedure, Litigation Strategies, Motion To Strike, Offer of Judgment, Rule 68
Published In: Civil Procedure Updates, Communications & Media Updates, Constitutional Law Updates, Consumer Protection Updates, Labor & Employment Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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