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New York court finds depositing the full value of plaintiff’s claim under Rule 67 cannot moot a plaintiff’s class action claim

USA - February 9 2016 On Feb. 3, the U.S. District Court for the Eastern District of New York (EDNY) ruled that depositing funds with the court sufficient to cover the...

David Frazee, Christine E. Skoczylas.

Supreme Court finds full settlement offer prior to certification does not moot class representative’s claim

USA - January 22 2016 In a 6-3 decision, the U.S. Supreme Court ruled that an unaccepted settlement offer under Fed. R. Civ. P. 68 does not moot a class representative's...

David Frazee, Christine E. Skoczylas.

The Fifth Circuit agrees that defendants may not ‘pick off’ class representatives with full settlement offers

USA - August 17 2015 On Aug. 12, 2015, less than a week after the Seventh Circuit's decision in Chapman v. First Index, Inc., the Fifth Circuit followed its previous...

Adeyemi O. Adenrele, Christine E. Skoczylas.

The Seventh Circuit agrees that defendants may not “pick off” class representatives with full settlement offers

USA - August 13 2015 On August 6, 2015, in Chapman v. First Index, Inc., the Seventh Circuit reversed its own precedent, agreed with decisions from the Third, Fifth...

Adeyemi O. Adenrele, Christine E. Skoczylas.

Supreme Court will decide whether defendant companies can “pick off” class representatives with full settlement offers

USA - May 20 2015 On May 18, the U.S. Supreme Court announced it will hear a case to decide whether a defendant's unaccepted settlement offer to the named plaintiffs...

Adeyemi O. Adenrele.