Bad news for class action defense lawyers: Not only is Rule 68 not a silver bullet, it isn't even a bulletproof vest. That's the upshot of a recent Eastern District of Pennsylvania decision. The ruling extends the logic of a 3rd Circuit decision that said Rule 68 can't be used by defendants to derail a class action by making an offer of maximum relief to the lead plaintiff prior to the filing of a motion for class certification and then demanding dismissal of the case as moot.
December 22, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Bad news for class action defense lawyers: Not only is Rule 68 not a silver bullet, it isn’t even a bulletproof vest.
That’s the upshot of a recent 10-page decision by Chief U.S. District Judge Harvey Bartle III in Zeigenfuse v. Apex Asset Management in which he granted a motion by the plaintiff to strike the defendant’s Rule 68 offer.
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