Forget Rule 68 — Show Them The Money

Law360, New York (October 30, 2015, 10:00 AM EDT) -- Is it possible to moot a named plaintiff's claim in a putative but not yet certified class action, such that she no longer has standing and the case must be dismissed? Although that is the very question the U.S. Supreme Court hopefully will decide in the pending case, Campbell-Ewald Co. v. Gomez, No. 14-857, many courts are addressing the question as if it had been decided already by Justice Elena Kagan's dissent in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013). Those decisions, however, focus on the mooting effect of settlement offers, and thus miss an important alternative: the possibility of mooting a plaintiff's claim by actually providing, not merely offering, complete relief....

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