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Court eliminates one strategy for ending class-action litigation

11/23/2011

Resourceful defense attorneys have tried a few legal tactics to help em­­ployers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.

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