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BAIS YAAKOV OF SPRING VALLEY v. ACT, INC.

No. 14-1789.

798 F.3d 46 (2015)

BAIS YAAKOV OF SPRING VALLEY, Plaintiff, Appellee, v. ACT, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

August 21, 2015.

Attorney(s) appearing for the Case

Jonathan S. Franklin , with whom Robert A. Burgoyne , Mark Emery , Fulbright & Jaworski L.L.P., Robert L. Leonard , Michael K. Callan , and Doherty, Wallace, Pillsbury & Murphy, P.C., were on brief, for appellant.

Aytan Y. Bellin , with whom Bellin & Associates LLC, was on brief, for appellee.

Before HOWARD, Chief Judge, TORRUELLA and KAYATTA, Circuit Judges.

On certified interlocutory review under 28 U.S.C. § 1292(b), we hold that a rejected and withdrawn offer of settlement of the named plaintiff's individual claims in a putative class action made before the named plaintiff moved to certify a class did not divest the court of subject matter jurisdiction by mooting the named...

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