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WEISS v. REGAL COLLECTIONS

No. 03-4033.

385 F.3d 337 (2004)

Richard WEISS, on behalf of himself and all others similarly situated, Appellant v. REGAL COLLECTIONS; Lancer Investments, Inc.

United States Court of Appeals, Third Circuit.

Filed September 29, 2004.

As Amended September 29, 2004.

Attorney(s) appearing for the Case

William J. Pinilis, (Argued), Gabriel H. Halpern, PinilisHalpern, LLP, Morristown, N.J., for Appellant.

Bruce D. Greenberg, (Argued), Lite DePalma Greenberg & Rivas, LLC, Newark, N.J., for Appellees.

Before SCIRICA, Chief Judge, FISHER and ALARCON, Circuit Judges.

SCIRICA, Chief Judge.

At issue is whether a putative class representative's claim is mooted by a Rule 68 offer of judgment so as to defeat federal subject matter jurisdiction in a suit requesting class-wide relief. This appeal reflects the tension between two rules of civil procedure-Fed. R. Civ. P. 23 and Fed.R.Civ.P. 68-and whether they can be harmonized when the only individual relief requested by the representative plaintiff has been satisfied through an offer...

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