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24 Feb 2012, 3:07 pm
Before Pitts could amend his claim but after Pitts rejected the offer of judgment, Terrible Herbst filed a motion to dismiss claiming its offer of judgment rendered the entire case moot. [read post]
14 Dec 2011, 6:43 pm by Steven G. Pearl
Terrible Herbst, Inc., --- F.3d ----, 2011 WL 3449473 (9th Cir. 8/9/11) (blogged here) the Ninth Circuit held that a full value offer to a putative class representative in an action under the Fair Labor Standards Act (FLSA) and Nevada state law does not moot the action. [read post]
8 Sep 2011, 9:22 am by Molly DiBianca
Terrible Herbst, Inc., the 9th Circuit held that an offer of judgment made by an employer to an employee-plaintiff in an FLSA case will not moot the case where the Court has not yet ruled on certification. [read post]
6 Sep 2011, 12:11 pm by admin
  In April 2009, Gareth Pitts filed a class action complaint in Nevada state court against his employer, Terrible Herbst, Inc. [read post]
30 Aug 2011, 7:50 pm by Steven G. Pearl
Terrible Herbst, Inc., --- F.3d ----, 2011 WL 3449473 (9th Cir. 8/9/11) , the plaintiff filed a putative class and collective action under the Fair Labor Standards Act (FLSA) and Nevada state law. [read post]
12 Aug 2011, 8:17 am by Hunton & Williams LLP
  In response, the employer filed a motion to dismiss the case on the grounds that Pitts’ rejection of the offer of judgment mooted the entire case. [read post]