Defendants historically offered full relief under Rule 68 to moot the representative's claim. Campbell-Ewald held an unaccepted offer does not moot the claim, and courts have divided on whether actual payment does.
The strategy has largely failed.
Alternative Names:
Pick Off|Mooting the Named Plaintiff
Why it Matters?
Campbell-Ewald foreclosed the unaccepted offer route, and while the Court reserved whether actual tender and entry of judgment would moot the claim, lower courts have largely declined to permit the maneuver, which means the strategy no longer reliably defeats class claims. Relation-back doctrine also preserves the class claim where mooting occurs before a certification decision.
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Related terms
Frequently asked questions
What did Campbell-Ewald establish?
Does actual payment work?
