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Offer of judgment does not derail class action, Third Circuit holds.

Publication: Trial
Publication Date: 01-DEC-04
Format: Online - approximately 628 words
Delivery: Immediate Online Access

Article Excerpt
Defendants cannot use an offer of judgment to "pick off" plaintiffs in an effort to stop a proposed class action, the Third Circuit has ruled. Although an offer of maximum relief under Federal Rule of Civil Procedure 68 may render the lead plaintiff's personal claim moot, the action can continue because the offer includes no relief for the rest of the putative class. (Weiss v. Regal Collections, No. 03-4033, 2004 WL 2175011 (3d Cir. Sept. 29, 2004).)

"This has significant ramifications for class action litigation," said William Pinilis of Morristown, New Jersey, who...

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