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· 2/25/2014

APL Co. Pte. Ltd. v. Remira Water Solutions, Inc.

Citations

  • 999 F. Supp. 2d 590
  • 44 Envtl. L. Rep. (Envtl. Law Inst.) 20047
  • 2014 U.S. Dist. LEXIS 24709
  • 2014 WL 715631

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that defendant’s offer prior to the filing of motion for class certification did not moot the action filed as a class action
  • stating that the Eighth Circuit would likely not allow a defendant to pay off the named plaintiff to preemptively force dismissal of the putative class action
  • declining to dismiss when Rule 68 offer made 7 1/2 months after complaint and prior to motion for class certification
  • denying defendant’s motion to dismiss where defendant had offered the maximum statutory relief to plaintiff but plaintiff had not filed motion for class certification
  • “Hinging the outcome of [a motion to dismiss] on whether or not class certification has been filed is not well-supported in the law nor sound judicial practice.”
  • “Hinging the outcome of this motion on whether or not class certification has been filed ... would encourage a ‘race to pay off named plaintiffs very early in litigation, before they file motions for class certification.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Forrest

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.