News & Analysis as of

Settlement Genesis Healthcare Corp. v. Symczyk

BakerHostetler

Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

BakerHostetler on

The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more

Foley & Lardner LLP

Can "Mooting" a Class or Collective Action Be a Sound Defense Strategy?

Foley & Lardner LLP on

Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit....more

BakerHostetler

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

BakerHostetler on

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

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