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Perspective

Jan. 23, 2014

An offer plaintiffs can't refuse

Circuit courts are split over the issue of mooting a plaintiff's claim - namely, the "mootness-by-unaccepted-offer" theory. By Cary D. Sullivan and Edward S. Chang


By Cary D. Sullivan and Edward S. Chang


In recent landmark decisions, the U.S. Supreme Court has drastically limited the availability of class action litigation as a vehicle for plaintiffs to prosecute civil actions on a representative basis. In 2010, the court decided Stolt-Nielsen v. Animal Feeds Int'l Corp., foreclosing plaintiffs who had contractually agreed to arbitrate their disputes under the Federal Arbitration Act (FAA) from pursuing class-wid...

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