context: Perhaps for that reason, in recent years courts in other jurisdictions have held that, even prior to the filing of a motion for class certification, an offer of judgment for the full amount of the putative representative's individual claim does not automatically moot the class claims.
citation_a.signal: but see
citation_a.parenthetical: tender of individual relief to prospective class representative prior to filing of motion for class certification required dismissal of complaint
citation_a.sentence: E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Collection Recovery, Inc., 639 F.3d 1239 (10th Cir.2011); Weiss v. Regal Collections, 385 F.3d 337 (3d Cir.2004); Jackson v. Southern Auto Finance, 988 So.2d 721 (Fla.Ct.App. 2008); cf. Sandoz v. Cingular Wireless, LLC, 553 F.3d 913 (5th Cir.2008) (offer of judgment to representative plaintiff does not moot proposed “collective action” under federal Fair Labor Standards Act); but see Barber v. American Airlines, Inc., 241 Ill.2d 450, 350 Ill.Dec. 535, 948 N.E.2d 1042, 1046 (2011) (tender of individual relief to prospective class representative prior to filing of motion for class certification required dismissal of complaint).
citation_b.signal: cf.
citation_b.parenthetical: offer of judgment to representative plaintiff does not moot proposed "collective action" under federal Fair Labor Standards Act
citation_b.sentence: E.g., Pitts v. Terrible Herbst, Inc. 653 F.3d 1081 (9th Cir.2011); Lucero v. Bureau of Collection Recovery, Inc., 639 F.3d 1239 (10th Cir.2011); Weiss v. Regal Collections, 385 F.3d 337 (3d Cir.2004); Jackson v. Southern Auto Finance, 988 So.2d 721 (Fla.Ct.App. 2008); cf. Sandoz v. Cingular Wireless, LLC, 553 F.3d 913 (5th Cir.2008) (offer of judgment to representative plaintiff does not moot proposed “collective action” under federal Fair Labor Standards Act); but see Barber v. American Airlines, Inc., 241 Ill.2d 450, 350 Ill.Dec. 535, 948 N.E.2d 1042, 1046 (2011) (tender of individual relief to prospective class representative prior to filing of motion for class certification required dismissal of complaint).