Offer To Plaintiff Doesn’t Moot OT Action: 9th Circ.

Law360, San Diego (August 9, 2011, 4:41 PM EDT) -- 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....
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