Second Circuit Review: Unaccepted Pre-Class Certification Settlement Offers

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Unaccepted Pre-Class Certification Settlement Offers,” appeared in the December 28 issue of the New York Law Journal. The authors discuss a recent decision which clarifies and limits the extent to which unaccepted settlement offers might moot named plaintiffs’ claims, and makes it considerably more difficult for class action defendants to successfully deploy this strategy.