Law360, San Diego (August 09, 2011, 4:41 PM ET) -- The Ninth Circuit on Tuesday held that a putative class action does not become moot when the named plaintiff rejects an offer of settlement that satisfies his individual claim before he files a class certification motion, reviving an overtime and breach of contract case against gas station chain Terrible Herbst Inc.
The three-judge panel reversed the dismissal of a Terrible Herbst employee’s proposed class action alleging the company failed to pay him and other workers overtime and minimum wages in addition to violating their contracts....
Offer To Plaintiff Doesn’t Moot OT Action: 9th Circ.
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