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Supreme Court Dodges Offer of Judgment Mootness Question; Holds that Moot Claim Ends FLSA Collective Action
Thomas M. Byrne,Valerie Strong Sanders, April 17, 2013
A sharply divided Supreme Court held today in Genesis HealthCare Corp. v. Symczyk that if an unaccepted offer of judgment does indeed moot an individual claim (a question the Court expressly declined to reach) then the individual’s would-be collective action under the federal Fair Labor...

Supreme Court Fails to Clarify Standard of Evidence for Class Damages
David W. Arrojo,Thomas M. Byrne,Phillip E. Stano, April 4, 2013
The United States Supreme Court held Wednesday in Comcast Corporation v. Behrend that a district court may not certify a class action without first resolving whether the plaintiff class has introduced adequate evidence to show that the case is susceptible to an award of classwide damages.

Supreme Court Holds That Damages Stipulation Cannot Bind Class and Defeat Federal Jurisdiction
Thomas M. Byrne,Valerie Strong Sanders, March 25, 2013
The Supreme Court unanimously held yesterday in Standard Fire Ins. Co. v. Knowles, 2013 WL 1104735, that a damages-limiting stipulation by the named plaintiff in a putative class action is not binding on absent class members before class certification and therefore cannot defeat removal of a class...

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