Legal Opinion
Pitts v. Terrible Herbst, Inc.
Court of Appeals for the Ninth Circuit
Decided August 9, 2011No. 10-15965PublishedCited by 178 opinions
1Opinion of the Court
OPINION
BYBEE, Circuit Judge:
We must decide, inter alia, whether a rejected offer of judgment for the full amount of a putative class representative’s individual claim moots a class action complaint where the offer precedes the filing of a motion for class certification. We hold that it does not.
I
In April 2009, Gareth Pitts filed a class action complaint in Nevada state court against his employer, Terrible Herbst, Inc. (“Terrible”). The complaint alleged that Terrible failed to pay Pitts and other similarly-situated employees overtime and minimum wages and listed three causes of action: (1) a…
2Cases cited30 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Gerstein v. PughSupreme Court of the United States · 1975
- Powell v. McCormackSupreme Court of the United States · 1969
- Honig v. DoeSupreme Court of the United States · 1988
- Sosna v. IowaSupreme Court of the United States · 1975
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3Cited by178 opinions
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- Jose Gomez v. Campbell-Ewald Co.Court of Appeals for the Ninth Circuit · 2014
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