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Expert Analysis

Mooting Plaintiff's Case Might Not End Class Action

Law360, New York (October 19, 2012, 12:17 PM EDT) -- Defendants in class actions frequently wonder how, and whether, they can resolve the individual named plaintiff's case and thus get rid of the class action all together. Sometimes these issues arise at the start of a class action. Defendants wonder whether they can just make an offer of judgment and be done with the case. Sometimes, after a motion for class certification is denied, or after a certified class is decertified for some reason (which a district court has authority to do), defendants wonder whether they can end the class action by simply settling with the named plaintiff. The answer to both questions is, as with so many things in the law, maybe....

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