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Supreme Court Spurns Rule 68 “Pickoffs,” Kind of, in Class Litigation

OK, maybe it’s not a silver bullet, but at least there might be a tin one. Employment class action litigation is difficult, time-consuming, and expensive even if the employer is absolutely right. But what can an employer do...more

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

Supreme Court Upholds Use of Rule 68 Offers of Judgment in FLSA Collective Actions

Today the United States Supreme Court delivered an unexpected present to employers facing FLSA collective actions and held that a defendant may moot such a case by making a Rule 68 offer of judgment to the named plaintiff....more

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