Rejected Individual Deals Don’t Doom Classes: 3rd Circ.

Law360, New York (August 31, 2011, 5:16 PM EDT) -- The Third Circuit on Wednesday ruled that a potential class action is not mooted when a named plaintiff rejects a settlement to satisfy individual claims before filing for initial class certification, reviving a former Genesis Healthcare Corp. nurse's suit over automatic pay deductions.

The appeals court overturned a district court ruling that tossed former Genesis nurse Laura Symczyk's class action to recoup wages lost under a policy that automatically deducted meal breaks.

The district court had dismissed the suit when the health care company offered to...
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