Drawing The Line Between Collective And Class Actions

Law360, New York (September 4, 2012, 11:51 AM EDT) -- On June 25, 2012, the U.S. Supreme Court agreed to review whether an entire lawsuit is mooted when the employer in a Fair Labor Standards Act collective action makes an offer of judgment that would fully satisfy the sole plaintiff’s claims before any certification effort. Genesis HealthCare Corp. v. Symczyk, No. 11-1059. This review is expected to resolve a split among several federal courts on the offer of judgment issue.

More significantly, however, this case provides the court with the first opportunity since Hoffman-LaRoche Inc. v....
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