Your Money Is No Good Here: U.S. Supreme Court Holds That an Unaccepted Rule 68 Offer of Complete Relief Does Not Moot an Individual’s Claims, but Questions Remain

By: Andrew C. GlassGregory N. BlaseJennifer J. NagleJeremy M. McLaughlin,  Matthew N. Lowe

On January 20, 2016, the United States Supreme Court issued its decision in Campbell-Ewald Co. v. Gomez regarding Rule 68 offers of judgment. The Court held that a defendant cannot moot a case by merely offering complete relief to a plaintiff but left unanswered whether a defendant may do so by actually providing complete relief. Nor did the Court reach the question of whether a plaintiff can continue to seek to represent a putative class when his or her individual claims are mooted before a class is certified.

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