In a big win for plaintiffs lawyers, the 3rd Circuit has ruled that defendants can't derail a proposed class action by making the lead plaintiff a maximum relief offer under Rule 68 before the filing of a class certification motion and then demand the case's dismissal as moot. The court focused on "the tension between two rules of civil procedure" -- Rule 23, which governs class actions, and Rule 68, which allows for offers of judgment -- and resolved the issue in Rule 23's favor.
3rd Circuit: Defendants Cannot 'Pick Off' Class Action Plaintiffs Using Rule 68
The Legal Intelligencer
September 30, 2004