Originally published on the Philadelphia Business Journal
The U.S. Supreme Court has put a damper on defendants' increasingly popular use of a technique to get rid of purported class action lawsuits at an early stage, but has left open the door for careful defendants to avoid potentially ruinous liability.
For some time, class action defendants have tried to use Rule 68 of the Federal Rules of Civil Procedure – allowing a defendant to make an offer of judgment giving a plaintiff all the relief he or she is entitled to receive – in order to moot an individual plaintiff's claim before a class is certified.
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