· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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