14 Cited authorities

Marek v. Chesny
473 U.S. 1 (1985) Cited 987 times 7 Legal Analyses
Holding that, under Rule 68, costs could be shifted to the plaintiff in a § 1983 action because he rejected a judgment offer that exceeded the sum of his damages and pre-offer cost
Consol. Rail Corp. v. Town of Hyde Park
47 F.3d 473 (2d Cir. 1995) Cited 745 times 2 Legal Analyses
Holding that "numerosity is presumed at a level of 40 members"
Weiss v. Regal Collections
385 F.3d 337 (3d Cir. 2004) Cited 418 times 13 Legal Analyses
Holding that claims under the Fair Debt Collections Practices Act, with a maximum recovery of $1,000 plus attorneys' fees and expenses, were "acutely susceptible to mootness"
Sandoz v. Cingular Wireless LLC
553 F.3d 913 (5th Cir. 2008) Cited 347 times 8 Legal Analyses
Holding that the relation back principle applies to ensure that defendants cannot unilaterally “pick off” collective action representatives and noting that the fundamental differences between “opt out” Rule 23 class actions and “opt in” FLSA collective actions suggests that the “rules and policies underlying” one “might not apply” when construing the other
Indianapolis School Comm'rs v. Jacobs
420 U.S. 128 (1975) Cited 298 times
Holding that a class action is moot unless it was duly certified pursuant to Rule 23 and a controversy still exists between the present members of the class and the defendant
Pitts v. Terrible Herbst Inc.
653 F.3d 1081 (9th Cir. 2011) Cited 263 times 18 Legal Analyses
Holding that a rejected offer of judgment for full amount of a putative class representative's individual claim under the FLSA made prior to the filing of a motion for class certification does not moot the class action complaint
Damasco v. Clearwire Corp.
662 F.3d 891 (7th Cir. 2011) Cited 196 times 20 Legal Analyses
Holding that unaccepted Rule 68 offer of full relief before class certification did moot case
Comer v. Cisneros
37 F.3d 775 (2d Cir. 1994) Cited 282 times
Holding that equal protection claimants had standing where they were denied "the missed opportunity" to compete for suburban housing on "an equal footing"
Brunet v. City of Columbus
1 F.3d 390 (6th Cir. 1993) Cited 110 times 4 Legal Analyses
Holding that to have standing "in the context of affirmative action programs, the challenger need only show that, but for the program, he would have been considered for the job. . . ."
Greif v. Wilson, Elser, Moskowitz, Edelman & Dicker LLP
258 F. Supp. 2d 157 (E.D.N.Y. 2003) Cited 41 times 1 Legal Analyses
Finding class claims moot after Defendant filed Rule 68 offer because the plaintiff had not filed for class certification for 20 months after filing its complaint, noting that “[t]he cases the plaintiff primarily relies upon are distinguishable insofar as they concern the issue of mooting a named plaintiff's claims after the filing of a motion to certify, which Greif has not yet done,” and commenting that the “plaintiff [did] not indicate that she was prevented from commencing discovery or moving for class certification”
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,675 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,013 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Deochar v. Specialized Loan Servicing, LLC

14 Cited authorities

Holding that, under Rule 68, costs could be shifted to the plaintiff in a § 1983 action because he rejected a judgment offer that exceeded the sum of his damages and pre-offer cost

Holding that "numerosity is presumed at a level of 40 members"

Holding that claims under the Fair Debt Collections Practices Act, with a maximum recovery of $1,000 plus attorneys' fees and expenses, were "acutely susceptible to mootness"

Holding that a class action is moot unless it was duly certified pursuant to Rule 23 and a controversy still exists between the present members of the class and the defendant

Holding that a rejected offer of judgment for full amount of a putative class representative's individual claim under the FLSA made prior to the filing of a motion for class certification does not moot the class action complaint

Holding that unaccepted Rule 68 offer of full relief before class certification did moot case

Holding that equal protection claimants had standing where they were denied "the missed opportunity" to compete for suburban housing on "an equal footing"

Holding that to have standing "in the context of affirmative action programs, the challenger need only show that, but for the program, he would have been considered for the job. . . ."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"