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WEITZNER v. SANOFI PASTEUR, INC.

No. 14-3423.

819 F.3d 61 (2016)

Ari WEITZNER; Ari Weitzner, M.D., P.C., Individually and on Behalf of All Others Similarly Situated v. SANOFI PASTEUR, INC.; Vaxserve, Inc., formerly known as Vaccess America, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Filed: April 6, 2016.

Attorney(s) appearing for the Case

Carl J. Greco, Esq. [ARGUED], Scranton, PA, for Appellants.

Todd C. Bank, Esq. [ARGUED], Kew Gardens, NY, Daniel A. Osborn, Esq. , Osborn Law PC, New York, NY, for Appellees.

Adina H. Rosenbaum, Esq. , Public Citizen Litigation Group, Washington, DC, for amicus Curiae Public Citizen, Inc.

Before: SHWARTZ, SCIRICA, and ROTH, Circuit Judges.

OPINION OF THE COURT

Federal Rule of Civil Procedure 68 permits defendants to serve an offer of judgment on an opposing party. The issue in this case, before us on interlocutory appeal from the denial of a motion to dismiss, is whether an unaccepted offer of judgment under Rule 68, made before a plaintiff files...

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