PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Justice Kagan’s Dissent Chalks Up Another Victory on Rule 68 Mootness
To the relief of class action practitioners in the Seventh Circuit, the appeals court last week beat a hasty retreat on the issue of whether an unaccepted Rule 68 offer, made prior to a motion for class certification, could moot the individual claim of a class representative and therefore the class action. In an opinion authored by Judge Easterbrook, joined by Judges Posner and Manion, the Seventh Circuit explicitly overruled Damasco v. Clearwire Corp.